sPI shall, upon written notice thereof within one year following the initial date of installation, repair or replace, at SPI’s discretion, the nonconforming panels.This warranty shall not apply to failure caused by acts of God, fire, abuse or abnormal use, or other casualties, nor to panels which have not been used in a building application of adequate design, engineering, and construction, and in accordance with SPI’s current design and installation recommendations.SPI makes no other warranties, expressed or implied,(including limitation, merchantability, fitness for particular purpose, or against infringement of any patent), repair or replacement, as set forth herein, is the sole and exclusive remedy of purchaser whether based on contract, negligence or otherwise arising out of the purchase or use of the panels. In no event will SPI be liable for incidental or consequential damages.