8.         LIMITATION OF LIABILITY – IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, STATUTORY, OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOSS OF PROFITS, REVENUES, USE OR THE LOSS OF ANY PRODUCT, LOSS, DAMAGE, OR DELAY ARISING OUT OF ANY PRODUCTS OR SERVICES SOLD HEREUNDER, EVEN IF INFORMED OF THE POSSIBILITY OF THESE DAMAGES.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY IF LIABILITY ARISES FROM BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OPERATION OF LAW, OR OTHERWISE.

 

9.         LIMITED WARRANTY – The following shall govern any warranties provided by the Company hereunder:

 

A.        The Company warrants that all Services provided hereunder are free from material defects in workmanship performed by the Company as follows:

           

1. Repair and/or overhaul Services for a single component are warranted to be free from material defects in workmanship performed by the Company for the shorter of Five hundred hours of operation of that component under the Customer’s normal use thereof, or Three calendar months from the date such Services are completed by the Company.

 

1. Repair and/or overhaul Services for multiple components are warranted to be free from material defects in workmanship performed by the Company for the shorter of One thousand combined hours of operation of those components under the Customer’s normal use thereof, or Six calendar months from the date such Services are completed by the Company.

 

1. Component-installation Services are warranted to be free from material defects in workmanship performed by the Company for the shorter of Five hundred hours of operation of that component under the Customer’s normal use thereof, or Three calendar months from the date such Services are completed by the Company.

 

B.         The Company warrants that all Products sold hereunder shall conform perfectly to the description of the Products set forth in the Invoice.  The Customer, however, understands, acknowledges, and agrees that any Products sold hereunder are not manufactured by the Company.  THEREFORE, THE COMPANY DOES NOT AND CANNOT WARRANT THAT ANY PRODUCTS SOLD HEREUNDER ARE FREE FROM DEFECTS IN MATERIAL, MANUFACTURE, AND WORKMANSHIP, AND ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT, HEREBY ARE DISCLAIMED.  Any and all warranty claims regarding the Products are governed by the manufacturer’s warranty, if any, and shall be directed solely to the manufacturer of each Product.

 

C.         The Company’s sole obligation, and the Customer’s sole remedy, under the limited warranty described in this paragraph 9 is repair of equipment, parts, and/or components that are determined by the Company to have been serviced defectively by the Company within the warranty period at no additional cost to the Customer (“Warranty Service”), and such Warranty Service shall be warranted only for the remainder of the applicable warranty period set forth in paragraphs 9(A)(i), 9(A)(ii), or 9(A)(iii), above.  In order to qualify for Warranty Service, the Customer must notify the Company in writing of any alleged defect during the applicable warranty period.

 

D.        THIS LIMITED WARRANTY DOES NOT COVER, AND THE COMPANY IS NOT, AND WILL NOT BE, LIABLE FOR:

 

1. Cosmetic damage,

2. Damage due to weather, lightning, and other acts of God,

3. Accidental damage,

4. Misuse,

5. Abuse,

6. Negligence,

7. Damage due to a failure to operate and/or to maintain any equipment, part, or component in accordance with applicable instructions,

8. Attempted repair and/or service by anyone that is not an employee or agent of the Company,

9. Loss or theft, or

10. Damage caused by failure of any Product or Service not supplied by the Company.

 

1. THE LIMITED WARRANTY DESCRIBED IN THIS PARAGRAPH 9 IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  THE REMEDIES IN THIS PARAGRAPH ARE THE CUSTOMER’S ONLY REMEDIES FOR BREACH OF WARRANTY.