 WARRANTY, DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE PRODUCTS ARE COVERED BY THE WARRANTIES SET FORTH IN THE FOLLOWING PARAGRAPHS. THE WARRANTY IS EXTENDED ONLY TO THE ORIGINAL PURCHASER OF THE PRODUCTS DIRECTLY FROM THE SELLER (OR AN AUTHORIZED DEALER OF THE SELLER) AS NEW MERCHANDISE. FOR A PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF ORIGINAL DELIVERY TO BUYER, THE PRODUCTS MANUFACTURED BY THE SELLER ARE WARRANTED TO BE FREE FROM FUNCTIONAL DEFECTS IN MATERIALS AND WORKMANSHIP, PROVIDED THEY ARE OPERATED UNDER CONDITIONS OF NORMAL USE, AND THAT REPAIRS AND REPLACEMENTS ARE MADE IN ACCORDANCE HEREWITH. PRODUCTS MANUFACTURED BY THIRD PARTIES ARE WARRANTED ONLY UNDER THE WARRANTY PROVIDED BY SUCH THIRD PARTY MANUFACTURER FOR SUCH PRODUCTS. SELLER DOES NOT WARRANT BULBS. THE FOREGOING WARRANTIES SHALL NOT APPLY TO SELLER'S PRODUCTS OR PRODUCTS MANUFACTURED BY THIRD PARTIES THAT HAVE BEEN DISASSEMBLED, ALTERED OR REPAIRED (OTHER THAN PROPER REPLACEMENT OF BULBS) OTHER THAN BY SELLER OR IF THE PRODUCT HAS BEEN SUBJECT TO ABUSE, MISUSE, NEGLIGENCE OR ACCIDENT.
SELLER'S SOLE AND EXCLUSIVE WARRANTY OBLIGATION AND BUYER'S SOLE AND EXCLUSIVE WARRANTY REMEDY CONSISTS OF SELLER, AT ITS OPTION, REPAIRING OR REPLACING FREE OF CHARGE, PRODUCTS MANUFACTURED BY THE SELLER (A) WHICH CONTAIN A DEFECT COVERED BY THE ABOVE WARRANTY; (B) WHICH ARE REPORTED IN WRITING TO THE SELLER NOT LATER THAT SEVEN (7) DAYS AFTER THE EXPIRATION OF THE TWELVE (12) MONTH WARRANTY PERIOD; (C) WHICH ARE RETURNED TO SELLER PROMPTLY AFTER DISCOVERY OF THE DEFECT; AND (D) WHICH ARE FOUND TO BE DEFECTIVE BY THE SELLER UPON SELLER'S EXAMINATION. BUYER SHALL PAY ALL TRANSPORTATION CHARGES. PRODUCTS MANUFACTURED BY THIRD PARTIES MUST BE RETURNED TO THE SELLER WITHIN THIRTY (30) DAYS OF SELLER'S INVOICED DATE FOR SUCH PRODUCTS. PRODUCTS ORDERED BY BUYER TO BE MANUFACTURED BY SELLER ON A SPECIAL ORDER BASIS MAY BE RETURNED UNDER SELLER'S WARRANTY POLICY FOR REPAIR OR REPLACEMENT BUT MAY NOT BE RETURNED FOR CREDIT.
SELLER SHALL NOT BE OTHERWISE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR SPECIAL DAMAGES OR FOR ANY OTHER LOSS, DAMAGE PENALTY OR EXPENSE OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR OVERHEAD, REIMBURSEMENT, PERSONAL INJURY OR PROPERTY DAMAGE. THE AFORESAID WARRANTY OBLIGATION OF SELLER CONSTITUTES ITS SOLE LIABILITY, AND, UDER NO CIRCUMSTANCES, SHALL THE MAXIMUM LIABILITY OF SELLER UNDER ANY LEGAL THEORY (E.G. CONTRACT, WARRANTY, NEGLIGENCE, PROMISSORY ESTOPPEL, STRICT LIABILITY, MISREPRESENTATION, TORT) AND FOR ANY REASON WHATSOEVER (E.G. DEFECT, DELAY OR OTHERWISE) EXCEED THE PURCHASE PRICE OF THE DEFECTIVE PART, REGARDLESS WHETHER THE CLAIM IS ASSERTED BY BUYER OR ANY OTHER PERSON OR ENTITY. THE LIABILITIES OF SELLER, AS ABOVE SET FORTH, SHALL NOT BE EXTENDED BECAUSE OF ADVICE GIVEN BY IT IN CONNECTION WITH THE DESIGN, INSTALLATION OR USE OF THE PRODUCTS OR PARTS THEREFOR.
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHICH EXTEND BEYOND THE WARRANTIES SET FORTH ABOVE. SELLER MAKES NO WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS OR ANY PARTS THEREOF. | 
