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Animatics warrants to Customer that Products purchased hereunder will conform to the applicable manufacturer's specifications for such Products and that any value-added work performed by Animatics on such Products will conform to applicable Customer's specifications relating to such work for a period of 2 years from the date of purchase. Animatics makes no other warranty, express or implied, with respect to the Products.
IN PARTICULAR, ANIMATICS MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY
OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OR USE OR RESPECTING INFRINGEMENT. However, Animatics
will transfer to Customer whatever transferable warranties and indemnities
Animatics receives from the manufacturer of whatever transferable
warranties and indemnities Animatics receives from the manufacturer
of the Products. With respect to value-added work by Animatics which
does not meet applicable Customer's specifications, Animatics liability
is limited (at Animatics election) to (1) refund of Customer's purchase
price for such Products (without interest), (2) repair of such Products,
or (3) replacement of such Products; provided, however, that such
Products must be returned to Animatics, along with acceptable evidence
of purchase, within twenty (20) days from date of delivery, transportation
charges prepaid.
CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND ANIMATICS
SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY NATURE INCLUDING, WITHOUT BEING LIMITED TO, LOSS
OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY
TO REPUTATION OR LOSS OF CUSTOMERS. CUSTOMER'S RECOVERY FROM ANIMATICS
FOR ANY CLAIM SHALL NOT EXCEED CUSTOMER'S PURCHASE PRICE FOR THE
PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT,
TORT WARRANTY, OR OTHERWISE.
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