BK Technologies
- 64 -
IN NO EVENT WILL WARRANTOR BE LIABLE TO THE PURCHASER
OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE
OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE,
OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT
OF BREACH CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES
WERE FORESEEABLE AND WHETHER OR NOT WARRANTOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER
REMEDY OF ITS ESSENTIAL PURPOSE.
To obtain warranty repair [or replacement, the customer must return
the equipment properly packaged and freight prepaid to the Warrantor
or any Authorized Warranty Repair Station. The equipment will be
returned freight prepaid from the Warrantor only.
EXCEPT FOR THE WARRANTY SET FORTH IN THE FIRST
PARAGRAPH ABOVE, WARRANTOR MAKES NO WARRANTY
WHATSOEVER WITH RESPECT TO THE EQUIPMENT, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,
WARRANTY OF TITLE, OR WARRANTY AGAINST INFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY,
WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
No person, whether in the employment of the Warrantor or not, is
authorized to make oral or other modifications, extensions, or additions
to this warranty, unless approved in writing by an authorized officer of
the Warrantor at its home office.
The liability of the Warrantor is expressly limited to the repair or
replacement of the equipment as described herein. SUCH REMEDY
WILL BE THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY
AND WARRANTOR’S ENTIRE LIABILITY FOR ANY BREACH OF
THIS LIMITED WARRANTY. Warrantor shall not be liable to the
Purchaser and the Purchaser shall, upon his tender of the purchase
price for the equipment, agree that the Warrantor shall not be liable, in
any respect, for the equipment or damages caused thereby, except as
prescribed herein, whether such liability is predicated upon negligence,
tort, contract or other product liability theory.
