Specifications

Warranty Limitations
Other than those expressly stated
herein,THERE
ARE NO OTHER
WARRANTIES OF ANY KIND, EXPRESS OR
lMPLlED, AND
SPECIFI-
CALLY EXCLUDED BUT NOT BY WAY OF
LlMlTATlON, ARE THE
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
AND MERCHANTABILITY.
IT IS UNDERSTOOD AND AGREED THE SELLER’S LIABILITY
WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN
NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN
OF THE AMOUNT OF THE PURCHASE PRICE PAID BY THE PUR-
CHASER AND UNDER NO CIRCUMSTANCES SHALL BE LIABLE
FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES.THE PRICE STATED
FOR THE
EQUIPMENT IS A
CONSIDERATION IN LIMITING SELLER’S LIABILITY NO ACTION,
REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS
OF THIS
AGREEMENT MAY BE BROUGHT BY PURCHASER MORE
THAN
ONE YEAR
AFTER THE CAUSE OF ACTION HAS ACCRUED.
SELLER’S MAXIMUM LIABILITY SHALL NOT EXCEED AND BUYER’S
REMEDY IS LIMITEDTO EITHER (i) REPAIR OR
REPLACEMENT
OF
THE DEFECTIVE PART OR PRODUCT, OR AT SELLER’S OPTION (ii)
RETURN
OF THE
PRODUCT AND REFUND
OF THE
PURCHASE
PRlCE, AND
SUCH REMEDY SHALL BE BUYER’S ENTIRE AND
EXCLUSIVE REMEDY.