Buyer shall notify Airmar in writing of any non-conformance during the warranty period including the quantity of Products Buyer considers to be non-conforming, obtain from Airmar a return material authorization (“RMA”) for the non-confirming Product, and return the non-conforming Products to Airmar, freight prepaid, within fifteen (15) days of receipt of the RMA, with a statement describing in reasonable specificity the non-conformity. Airmar will only accept returned Products with the original Product label affixed to the cable. Airmar’s exclusive obligation with respect to the non-conforming Products shall be, at Airmar’s option, to repair or replace the Products, if they are determined to be defective, or to issue a credit to Buyer, within thirty (30) days after receipt by Airmar of the returned Products. Transportation charges on warranty must be prepaid by Buyer. Return surface transportation charges will be prepaid by Airmar. Buyer shall notify Airmar of any non-conformance and submit a warranty claim with regard to Products that are damaged in transit within fifteen (15) days from the date of receipt.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE FOREGOING IS BUYER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY BY AIRMAR WITH RESPECT TO THE PRODUCTS. AIRMAR MAKES NO OTHER WARRANTIES, ARISING FROM OPERATION OF LAW OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ALL OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE ARE HEREBY EXCLUDED. IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD SET FORTH HEREIN. BUYER PURCHASES AND ACCEPTS THE PRODUCTS SOLELY ON THE BASIS OF THE LIMITED WARRANTY EXPRESSED HEREIN. UNDER NO CIRCUMSTANCES SHALL AIRMAR BE LIABLE BY VIRTUE OF THIS LIMITED WARRANTY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, SECONDARY, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PRODUCTION TIME OR OF ANTICIPATED REVENUE OR PROFITS TO ANY PERSON OR PROPERTY ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS), EVEN IF AIRMAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Any components or products not manufactured by Airmar, including but not limited to any computer hardware or software, are not covered under the foregoing limited warranty. Any such components or products will only be covered by the warranties, if any, that accompany such components or products when shipped to Buyer. Under no circumstances shall Airmar be liable for any losses or damages of any kind that arise as a consequence of any defect in any such components or products.