Taber Industries, ("Taber") warrants that its products are free from defects in material and workmanship. This Limited Warranty shall be applicable for a period of one year from the date of initial shipment of any product. The terms of this Limited Warranty do not in any way extend to parts of the product thereof which have a life, under normal usage, inherently shorter that the one year previously stated. Taber will, at its option, repair or replace the defective product if Taber determines it is defective within the warranty period and if it is returned, freight prepaid, to Taber. Replacement parts will be shipped F.O.B. Taber's plant. Taber is not obligated to furnish service under this Limited Warranty: a) to repair damage resulting from attempts by personnel other than Taber representatives to install, repair, or service the product; b) to repair damage resulting from improper use or from connecting the product to incompatible equipment; or c) if personnel other than Taber representatives, without Taber's prior permission, modify the product.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, TABER MAKES NO OTHER REPRESENTATIONS, PROMISES, GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND TABER EXPRESSLY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED HEREIN. IN THE EVENT THE PRODUCT IS NOT FREE FROM DEFECTS AS WARRANTED ABOVE, A CUSTOMER'S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT AS PROVIDED ABOVE. UNDER NO CIRCUMSTANCES SHALL TABER BE LIABLE FOR ANY INJURIES, DAMAGE TO OR REPLACEMENT OF OTHER PRODUCTS OR PROPERTY, COSTS FOR RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA USED WITH THE PRODUCT.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, IN NO EVENT SHALL TABER BE LIABLE TO ANY CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THIS WARRANTY OR CONNECTED WITH OR RESULTING FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT, OR USE OF ANY PRODUCT OR THE FURNISHING OF ANY SERVICE OR PART THEREOF, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WARNED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
TABER IS NOT RESPONSIBLE FOR THE LOSS OF ANY DATA UNDER ANY CIRCUMSTANCES AND ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT THEREOF.
TABER'S ENTIRE LIABILITY FOR ANY AND ALL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE DELIVERABLE ITEMS PURCHASED FROM TABER SHALL BE THE TOTAL PRICE PAID BY BUYER TO TABER FOR THE DELIVERABLE ITEMS PURCHASED HEREUNDER.