Warranty—Limitation of Liability
WARRANTY - LIMITATION OF LIABILITY: Seller warrants only title to the products, software,
supplies and materials and that, except as to software, the same are free from defects in
workmanship and materials for a period of one (1) year from the date of delivery. Seller does
not warranty that software is free from error or that software will run in an uninterrupted fashion.
Seller provides all software “as is”. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED,
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE WHICH
EXTEND BEYOND THOSE STATED IN THE IMMEDIATELY PRECEDING SENTENCE. Seller’s
liability and Buyer’s exclusive remedy in any case of action (whether in contract, tort, breach
of warranty or otherwise) arising out of the sale or use of any products, software, supplies, or
materials is expressly limited to the replacement of such products, software, supplies, or materials
on their return to Seller or, at Seller’s option, to the allowance to the customer of credit for the
cost of such items. In no event shall Seller be liable for special, incidental, indirect, punitive or
consequential damages. Seller does not warrant in any way products, software, supplies and
materials not manufactured by Seller, and such will be sold only with the warranties that are
given by the manufacturer thereof. Seller will pass only through to its purchaser of such items
the warranty granted to it by the manufacturer.