WARRANTY SERVICES PROVIDED. If the Product is proved to SELLER’s satisfaction to be defective, within the Warranty Period (defined in Section 4), SELLER’s obligations under this Limited Warranty shall be limited to either compensating the original cost of the Product or replacing the Product, at SELLER’s sole discretion, and only if such defect was caused solely by defective design, workmanship and/or materials. Such compensation or replacement shall be SELLER’s sole obligation and BUYER’s exclusive remedy hereunder and shall be conditioned upon BUYER’s fulfilling its obligations under SELLER’s Warranty Claim Procedures.
WARRANTY SERVICES PROVIDED. If the Product is proved to SELLER’s satisfaction to be defective, within the Warranty Period (defined in Section 4), SELLER’s obligations under this Limited Warranty shall be limited to either replacing the Product or the defective part thereof, or refund the price of the Product or a proportionate part thereof, at SELLER’s sole discretion, and only if such defect was caused solely by defective design, workmanship and/or materials. Such refund or replacement shall be SELLER’s sole obligation and BUYER’s exclusive remedy hereunder, and shall be conditioned upon BUYER’s fulfilling its obligations under SELLER’s Warranty Claim Procedures. Notwithstanding the above, in no event shall SELLER be liable to BUYER or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues, or diminution in value, arising out of, relating to, or in connection with the Products or defective Products or parts, as defined herein, regardless of (a) whether such damages were foreseeable, (b) whether or not buyer was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
WARRANTY SERVICES PROVIDED. (A) If the Product is proved to SELLER’s satisfaction to be defective, within the applicable warranty period set forth in Section 5 or Section 6 herein, SELLER’s obligations under this Limited Finish Warranty shall be only limited to either repairing or replacing the defective Product; a refund of the applicable purchase price; or a refund of the applicable value as determined in Section 4(B) herein, at SELLER’s sole discretion, and only if such defect was caused solely by defective design, workmanship and/or materials. Such repair or replacement or refund of applicable purchase price shall be SELLER’s sole obligations and BUYER’s exclusive remedy hereunder and shall be conditioned upon BUYER’s fulfilling its obligations under SELLER’s Warranty Claim Procedures. SELLER shall determine if BUYER has fulfilled its obligation under the SELLER’s Warranty Claim Procedures.
