9 LIMITED WARRANTY
Polimaster warrants to the purchaser (the “Purchaser”) that the Product, including component parts, is 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.
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