75
Returns
In the event the Limited Warranty applies, Purchaser shall return the Product to FLI within thirty (30)
days of receiving written authorization from FLI to do so, in the same condition as the Product was
originally delivered to Purchaser. Purchaser shall assume all costs, risk and liability in connection with
the shipment and return of the Product. In the event the Product is not returned within the requisite
time period, the Limited Warranty shall be void and of no further effect.
Purchaser agrees to the following limitations on FLI’s liability in connection with the Products:
Liability Upon Delivery
Except as otherwise provided herein, FLI disclaims any and all liability in connection with purchaser’s
use of any products, including without limitation liability to third parties, to the fullest extent permitted
by law, as of the date such product is delivered to purchaser.
Products Offered “As Is”
Except as provided in these terms, FLI provides the products “as is” and on an “as available” basis.
Accordingly, and to the maximum extent permitted by applicable law, FLI makes no warranties, express
or implied, that the products will be uninterrupted, error-free or free of harmful components.
No Other Warranties
Except as expressly set forth in these terms, and to the fullest extent permitted by applicable law, FLI
does not make any warranty regarding the products or any other subject matter of these terms. Any
implied warranty, including without limitation any implied warranty of merchantability and fitness for a
particular purpose, shall be limited in scope to the extent permitted by applicable law, and shall be
limited in duration to the duration of the limited warranty set forth above, or to such period of time as
permitted by applicable law, whichever shall be shorter.
Limitation of Liability
To the fullest extent permitted by law, in no event will FLI, its affiliates, suppliers or distributors be
liable for (a) any indirect, special, incidental, punitive, exemplary or consequential damages however
caused, on any theory of liability, including but not limited to loss of use, loss of actual or anticipated
profits or benefits, or the cost of procuring a replacement product, whether or not FLI has been advised
of the possibility of such damages, arising in any way out of these terms or in connection with the
products, or any undertaking or performance that may be promised, performed, or executed to
implement these terms.
Purchaser Warranties
In addition to the other warranties, representations and covenants set forth in these terms, by using
the products or placing an order, purchaser warrants and represents that purchaser has the right and
authority to agree to these terms and to use the products, that purchaser’s use of the products shall
not violate the rights of any third party or any contract with any third party, and that purchaser’s use of
the products, FLI’s fulfillment of any orders, and the delivery of any products, shall not violate any
applicable laws.
Purchaser Indemnification
Purchaser agrees to defend, indemnify and hold FLI harmless from and against any and all claims,
liabilities, damages, penalties, forfeitures, and associated costs and expenses (including attorneys’
