Deliberant LLC warrants that its PRODUCTS, at time of shipment, and for two (2) years thereafter, be free from defects in materials and workmanship and will conform in all material aspects to Deliberant’s applicable specifications. Deliberant’s obligation under this warranty is limited to the repair or replacement, at Deliberant’s option, of non-conforming PRODUCTS. Deliberant’s obligation under this warranty will not apply to PRODUCTS failure or non conformance arising from physical damage, unauthorized modifications or repair; improper installation, use, maintenance or negligence; line surges, flood, lightning or other environmental conditions. PRODUCTS may be returned only after customer obtains a return material authorization number (RMA #) from DELIBERANT. Customer must prepay all freight and insurance charges to return such PRODUCTS to Deliberant’s designated repair facility. DELIBERANT will deliver replacements for defective and non-conforming PRODUCTS to customer at no-charge, freight pre-paid; import duties and customs clearance are customer’s responsibility. PRODUCTS returned under warranty that are found not to be defective may be subject to a service charge.
THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ANY OBLIGATIONS OR LIABILITIES ON THE PART OF DELIBERANT ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE PRODUCTS.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, DELIBERANT MAKES NO OTHER WARRANTIES RELATING TO THE PRODUCTS EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE PRODUCTS. ANY AND ALL WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY ARE EXPRESSLY EXCLUDED. NO PERSON IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR REPRESENTATION CONCERNING THE PERFORMANCE OF THE PRODUCTS OTHER THAN AS PROVIDED IN THIS SECTION. DISTRIBUTOR SHALL MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF DELIBERANT.
IN NO EVENT SHALL DELIBERANT BE LIABLE FOR INDIRECT, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, USE OF DATA OR OTHER COMMERCIAL LOSS WHETHER OR NOT DELIBERANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY TO ANY CLAIM OR CAUSE OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), IN LAW OR EQUITY, STRICT PRODUCT LIABILITY OR OTHERWISE, OR UNDER ANY OTHER THEORY INCLUDING CLAIMS CONCERNING PATENT, COPYRIGHT OR OTHER PROPRIETARY RIGHTS INFRINGEMENT.