Before using the Product, Purchaser must evaluate it to determine if it is suitable for its intended application. Purchaser assumes all risks and liability associated with such use. The Product, except product with tin plated solder tails, will conform to ept’s published specifications (or to unique product specifications, if any) and for a period of twelve (12) months after the date of manufacture of the Product by ept, ept warrants that the Product will be free from defects in material and manufacture. Product with tin plated solder tails is warranted for ninety (90) days after the date of manufacture.
ept MAKES NO OTHER WARRANTIES, AND HEREBY EXPRESSLY EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, NOT SET FORTH HEREIN INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
If the Product is found to be defective within the warranty period stated above, Purchaser’s exclusive remedy shall be for ept, at its option, to replace or repair the Product or refund the purchase price for the Product.
EXCEPT WHERE PROHIBITED BY LAW, ept WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE PRODUCT OR THIS AGREEMENT AND DOES HEREBY EXCLUDE ANY LIABILITY FOR CONSEQUENTIAL DAMAGES, WHETHER INDIRECT, SPECIAL, INCIDENTAL OR OTHERWISE, REGARDLESS OF THE LEGAL THEORY ASSERTED. IN NO EVENT SHALL ept’s LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE OF THE PRODUCT WHICH GIVES RISE TO A CLAIM.