Xylotex, Inc. warrants to the original purchaser that any part of its product purchased will be free of defects in workmanship and parts for a period of twelve (12) months from the date of delivery (hereinafter "Warranty Period"). During the Warranty Period, Xylotex will, at its option: (1) provide replacement parts necessary to repair the product; (2) replace the product with a comparable product; or (3) refund the amount Customer paid for the product upon its return. Replacement parts or products will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the longer of thirty days for the US or the remainder of the warranty period. Any additional purchases or upgrades will not extend this warranty. This product warranty covers normal use only. This product warranty does not cover damage caused during shipment and any damage caused by: actions that are beyond Xylotex's control, including without limitation, impacts, fluids, fire, flood, wind, earthquake, lightning or similar disaster, war, lockout, epidemic, destruction of production facilities, riot, insurrection, or material unavailability; unauthorized modifications, attachments or peripherals; improper use, environment, installation or electrical supply; improper maintenance; any other misuse, abuse or mishandling.
LIMITATION OF LIABILITY
Customer's exclusive remedy with respect to any claim concerning this Agreement or any goods sold pursuant to this Agreement shall be for damages. Xylotex's liability with respect to any claim concerning the products sold shall not exceed the purchase price of the particular goods with respect to which the claim is made, or, at Xylotex's option, the repair or replacement of those goods. These amounts are agreed upon as liquidated damages and not as penalties.
It is intended and expressly agreed that the purpose of the preceding provisions is to set upper limits to the amount recoverable by Customer. These liability limitations shall apply whether the claim is based in contract, negligence, strict liability, other tort, or any other cause. In no event shall Xylotex be liable for indirect, special, incidental, consequential or punitive damages, even if it has been advised of the possibility of such damages. Further, Xylotex shall not be required to pay transportation charges for the return of any goods unless Xylotex authorizes such return in advance and in writing. If Customer desires that Xylotex assumes a greater liability than what is provided for in this paragraph, Xylotex will amend this Agreement by attaching an addendum setting forth the additional liability and an additional amount to be paid by Customer for Xylotex's assumption of that additional liability. No such amendment shall be effective unless signed by Customer and Xylotex. Xylotex is not an insurer, and nothing in such addendum shall be construed to hold Xylotex as an insurer.