Seller makes no representations or warranties regarding the Goods sold. SELLER DISCLAIMS ANY WARRANTY RESPECTING THE MERCHANTABILITY OF THE GOODS SOLD TO BUYER OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Seller is an authorized distributor of the Original Component Manufacturer (“OCM”) goods. As such, Seller agrees to transfer to Buyer those transferable warranties Seller receives from the OCM for the goods sold to Buyer and is in accordance with the applicable OCM specifications. The warranties set forth herein shall not apply to any goods that: 1) that have not been kept in a controlled environment which reasonably limits damage resulting from heat, humidity, corrosion, contamination and/or electrostatic discharge for normal storage and prescribed maintenance:2) have been subject to an accident, excessive stress, modification, or abnormal wear and tear; and, Value-added work performed by Seller will conform to applicable Buyer’s specifications relating to such work.
Seller’s liability arising out of any sale of goods to Buyer is expressly limited to either: 1) refund of the purchase price paid by the Buyer for such goods (without interest); or 2) repair and/ or replacement of such goods at Seller’s election, and such remedies shall be exclusive and in lieu of all others. In no event shall Seller be liable for indirect, special, incidental or consequential damages of any nature, including, but not limited to, loss of profit, promotional or manufacturing expenses, overhead, injury to reputation or loss of customers, personal injury or property damage. Buyer’s recovery from Seller for any claim shall not exceed the purchase price paid by Buyer for the goods, irrespective of the nature of the claim, whether in warranty, contract or otherwise.