(c) Monnit’s sole obligation under the warranty described or set forth here shall be to repair
or replace non-conforming products as set forth in the immediately preceding paragraph, or
to refund the documented purchase price for non-conforming Products to Customer. Mon-
nit’s warranty obligations shall run solely to Customer, and Monnit shall have no obligation
to customers of Customer or other users of the Products.
Limitation of Warranty and Remedies.
THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY APPLICABLE TO
PRODUCTS PURCHASED BY CUSTOMER. ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY
DISCLAIMED. MONNIT’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY
WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE PURCHASE
PRICE PAID BY CUSTOMER FOR THE PRODUCT. UNDER NO CIRCUMSTANCES
SHALL MONNIT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAG-
ES. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING
MONNIT’S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS
AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER
THE CAUSE OF ACTION HAS ACCRUED.
IN ADDITION TO THE WARRANTIES DISCLAIMED ABOVE, MONNIT SPECIFICALLY
DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESSED,
FOR USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A PROD-
UCT COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, OR SEVERE PHYSICAL
OR ENVIRONMENTAL DAMAGE SUCH AS, BUT NOT LIMITED TO, LIFE SUPPORT OR
MEDICAL DEVICES OR NUCLEAR APPLICATIONS. PRODUCTS ARE NOT DESIGNED
FOR AND SHOULD NOT BE USED IN ANY OF THESE APPLICATIONS.
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