Limited Warranty: Disclaimer
ServerMark™ warrants that for a period of 1 year for electrical/electronic components following the date of delivery to Buyer ServerMark™ products shall conform to the specifications, drawings or other written descriptions contained in any purchase order and shall be free from defects in material and workmanship. This limited warranty applies to the initial purchaser only and may be acted upon only by the initial purchaser. Buyer’s sole remedy and ServerMark™ exclusive liability for a breach of this limited warranty shall be, at ServerMark™ option, the repair or replacement of the nonconforming product or part thereof. This limited warranty does not cover normal wear and tear and shall not apply to any product which has been damaged or misused or modified, altered or repaired by any party other than an authorized representative of ServerMark™.
The foregoing limited warranty is in lieu of any other warranty, whether express or implied, written or oral (including any warranty of merchantability, fitness for a particular purpose, title or non-infringement.)
In no event shall ServerMark™ be liable to buyer for special, incidental, consequential, exemplary, punitive, or other indirect damages, or for loss of profits, loss of data or loss of use damages, arising out of the manufacture, sale, supplying or failure or delay in supplying of the products or the services related thereto, whether based upon warranty, contract, tort, strict liability or otherwise, shall not exceed the price paid for the product.