Warranty

NO IMPLIED OR OTHER WARRANTIES:
THE WARRANTIES GIVEN IN THESE TERMS ARE THE ONLY WARRANTIES GIVEN BY THE
MANUFACTURER WITH RESPECT TO THE PRODUCTS AND ARE GIVEN IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH WARRANTIES ARE
HEREBY DISCLAIMED. PURCHASER'S EXCLUSIVE REMEDY, AND MANUFACTURER'S SOLE
LIABILITY, FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE ONLY THOSE
EXPLICITLY SET FORTH HEREIN.
No agent, employee or representative of Manufacturer has any authority to bind Manufacturer to any
affirmation, representation or warranty concerning goods sold by Manufacturer and unless an affirmation,
representation or warranty is specifically included herein or in Manufacturer’s sales acknowledgement, it
does not form a part of the basis of any bargain between Manufacturer and Purchaser and shall not be
enforceable by Purchaser.
LIMITATION OF LIABILITY:
An essential purpose of the limited exclusive liabilities and remedies in this Agreement is allocation of
risks between Manufacturer and Purchaser, which allocation of risks is reflected in the purchase price for
the Products. UNDER NO CIRCUMSTANCES SHALL MANUFACTURER'S LIABILITY ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT OR MANUFACTURER'S PERFORMANCE OR
ASSERTED FAILURE TO PERFORM HEREUNDER, IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH
SUCH LIABILITY RELATES. IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES
RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL, WHETHER OR NOT
MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.