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LIMITED WARRANTY
Polimaster Inc. (“Polimaster”) warrants to the purchaser (the “Purchaser”) that the Product, including component parts, to be free from material defects in material
and workmanship, under normal use and service for a period of one year (the “Warranty Period”)
provided, however
, that the foregoing warranties are expressly
contingent (and shall otherwise be void) upon use of the Products in accordance with specifications and without misuse, abuse, or abnormal use, accident, damage,
alteration, or modification thereto or improper or unauthorized repairs or improper maintenance. Non-substantial variations of performance from the
documentation do not establish a warranty right.
EXCEPT FOR THE FOREGOING EXPRESS WARRANTIES STATED HEREIN, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR
TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO PURCHASER IN
HIS/HER/ITS JURISDICTION, THE PRODUCTS AND SERVICES HEREUNDER ARE PROVIDED “AS IS AND WITH ALL FAULTS” AND, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, POLIMASTER DISCLAIMS ALL OTHER WARRANTIES, OF ANY KIND, EITHER EXPRESS, OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
INTEGRATION, SATISFACTORY QUALITY, NONINFRINGEMENT OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE
OF PERFORMANCE. PURCHASER ASSUMES ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE
HIS/HER/ITS INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. POLIMASTER
DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES HEREUNDER WILL MEET PURCHASER'S OR USERS' REQUIREMENTS OR WILL
OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED BY PURCHASER OR USER OR THAT THE SERVICES HEREUNDER OR THE
OPERATION OF THE PRODUCTS WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED, AND POLIMASTER HEREBY DISCLAIMS ANY AND
ALL LIABILITY ON ACCOUNT THEREOF TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW. POLIMASTER DISCLAIMS
ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO
ANY FAILURE BY POLIMASTER TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO PURCHASER.
EXCLUSIVE REMEDY. Other than termination of this Agreement due to Polimaster's breach, as Purchaser’s exclusive remedy for any defect or nonconformity in
the Product, Purchaser shall obtain from Polimaster repair or replacement of the Products containing such defect or nonconformity (“Affected Products”). In
furtherance of such undertaking, if Purchaser reasonably believes that any Product contains a defect or nonconformity for which Polimaster is responsible,
Purchaser shall inform Polimaster of the nature of such defect or nonconformity in reasonable detail and shall request authorization from Polimaster to return the
Affected Products to Polimaster for repair or replacement. All Products so returned shall be shipped prepaid or otherwise delivered to Polimaster's facility or
authorized service center. If Polimaster fails to repair or replace the Affected Products within a reasonable time after Purchaser has so returned them to Polimaster,
Purchaser shall be entitled to repayment or credit of the original price of the defective or nonconforming Product as its exclusive further remedy.
EXCLUSIONS OF DAMAGES AND LIABILITY. PURCHASER ASSUMES THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE USE OF
THE PRODUCT AND THE INFORMATION CONTAINED IN, GATHERED OR COMPILED BY THE PRODUCT, AND THE INTERACTION (OR
FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY POLIMASTER OR A THIRD
PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POLIMASTER OR ITS SUPPLIERS OR
LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION, IMPAIRMENT OR
FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, OR
THE INCOMPATIBILITY OF THE PRODUCT WITH ANY OTHER PRODUCT, HARDWARE, SOFTWARE OR USAGE, EVEN IF SUCH PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation on Liability. Notwithstanding any provision to the contrary herein and with the exception of the claims of intellectual property rights infringements and
the payments obligations hereunder, the liability of Polimaster for any claim whatsoever related to the Products or this Agreement, including any cause of action
sounding in contract, tort, or strict liability, shall not exceed the greater of Ten Thousand ($10,000.00) Dollars or the total amount of payments theretofore paid by
Purchaser during the previous six month period to Polimaster in connection with the Products relating to such liability. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION, IF APPLICABLE, MAY NOT APPLY TO PURCHASER.
Applicability. The limitations and exclusions contained herein shall apply notwithstanding any failure of essential purpose of any limited remedy.