To merchants who purchase Timberlake cabinets and accessories for resale in any form, including builders, dealers and distributors, Timberlake extends the following warranty: Timberlake will replace, without charge, any cabinet and accessory that is not saleable because of defects in material or manufactured workmanship discovered within one year from the date of delivery to merchant. Notice of claim under this warranty must be given promptly, in no case later than ninety (90) days after defect becomes known to merchant. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. TIMBERLAKE HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDY OF REPLACEMENT IS THE SOLE AND EXCLUSIVE REMEDY FOR TIMBERLAKE'S OBLIGATIONS ARISING FROM THE SALE OF ITS CABINETS AND ACCESSORIES. IN NO EVENT WILL TIMBERLAKE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, including, without limitation, costs of installation, removal or reinstallation, damage to other property, loss of profits, loss of goodwill, or other economic loss, whether such incidental or consequential loss or damage is claimed on account of breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory. CABINETS AND ACCESSORIES SOLD FOR RESALE ARE ALL SUBJECT TO THESE TERMS, AND ALL OFFERS ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE OF THESE TERMS.