DISCLAIMER AND LIMITATION OF WARRANTIES AND REMEDIES
A. LIMITED WARRANTY. For non-Ion Exchange Filters and the earlier of (i) one (1) years from the date of installation or (ii) five (5) years from the date of manufacture and (iii) one (1) year from the date of manufacture for Ion Exchange Filters. First, Omnipure warrants that the products delivered will be free from any material defects in workmanship or materials. Omnipure product, if used beyond the warranty period, or service life of the product, may deteriorate or leak. This nontransferable limited warranty does not apply to any Omnipure product (i) which has been reconstructed, repaired or altered by persons or entities other than Omnipure or its authorized representative, which (in Omnipure ’sole judgment) affects the product’s structure, stability, or reliability, (ii) which was subjected to misuse, neglect, accident or abnormal use or storage; (iii) which has been repackaged, or (iv) has been used with any third-party products or product that has not been previously approved in writing by Omnipure. Products manufactured by a third party (“third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Omnipure products. Third Party Products are not covered by the warranty in this Section 13(A). For the avoidance of doubt, Omnipure MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c)WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
B. DISCLAIMER OF WARRANTIES. Omnipure makes no warranties that extend beyond the description on the face of this limited warranty. Omnipure makes no other express or implied warranties, including without limitation, NO IMPLIED WARRANTY OF MERCHANTABILITY, NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NON-INFRINGEMENT OR PERFORMANCE OF PRODUCTS, AND NO IMPLIED WARRANTY ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR ADVERTISING. is limited warranty is the full and complete statement of Omnipure’ limited warranty of the Omnipure products set forth above, constitutes the entire and completely integrated limited warranty of Omnipure, supersedes all other statements, and cannot be varied by any oral or other written statement.
C. REMEDIES. Your exclusive remedy for breach of the limited warranty is to return the products for refund of the purchase price, or repair and replacement of the nonconforming products. Omnipure has the exclusive right to select the remedy. Omnipure expressly excludes liability for incidental, consequential, exemplary, punitive and other damages. IN NO EVENT SHALL Omnipure BELIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS OF SALE.
D. PAYMENT REQUIRED. Omnipure’ limited warranties are effective only if Omnipure has received payment in full for the products.