Warranty Terms and Conditions
WARRANTY DISCLAIMER
THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO CONDITION, DESCRIPTION, MERCHANTABILITY, NONINFRINGEMENT OR FIT- NESS FOR A PARTICULAR PURPOSE. AIRLINK AUTHORIZED DEALER'S OR CUS- TOMER'S SOLE AND EXCLUSIVE REMEDY WILL BE AIRLINK'S OBLIGATION TO REPAIR OR REPLACE AS SET FORTH ABOVE. THIS WARRANTY DOES NOT COVER PRODUCTS THAT DO NOT CONFORM TO SPECIFICATIONS BECAUSE OF ACCIDENT, ALTERATIONS, FAILURE TO FOLLOW INSTRUCTIONS, USE OUTSIDE THE SCOPE OF ANY OTHER PROVIDED DOCUMENTATION (E.G., USER GUIDE, INSTALLATION GUIDE, QUICK START GUIDE), MISUSE, ABUSE, NEGLECT, FIRE, FLOOD OR ACTS OF GOD.
LIMITATION OF LIABILITY
AIRLINK WILL IN NO EVENT BE LIABLE TO CUSTOMER OR TO ANY OTHER ENTITY WHICH PURCHASES FROM AIRLINK OR USES ANY PRODUCTS SUPPLIED UNDER THIS AGREEMENT FOR ANY CLAIM FOR INDIRECT, SPECIAL, RELIANCE, INCIDEN- TAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES ARISING OUT OF THIS AGREEMENT OR ANY OBLIGATION RESULTING THEREFROM FOR THE USE OR PER- FORMANCE OF THE PRODUCTS, WHETHER IN AN ACTION BASED ON BREACH OF WARRANTY (EXPRESS OR IMPLIED), BREACH OF CONTRACT, DELAY NEGLIGENCE, STRICT TORT LIABILITY OR OTHERWISE. AIRLINK'S ENTIRE LIABILITY FOR ANY CLAIM ARISING FROM ANY CAUSE WHATSOEVER, WHETHER FOR PRODUCTS DELIVERED OR NOT DELIVERED, INCLUDING BUT NOT LIMITED TO THE MANUFAC- TURE, SALE, DELIVERY, RESALE, REPAIR IN OR OUT OF WARRANTY, USE OR INABIL- ITY TO USE ANY PRODUCTS, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER GOODS OR EQUIPMENT, WILL IN NO EVENT EXCEED THE LOWER OF THE REPAIR OR REPLACEMENT COST OR PURCHASE PRICE OF THE PRODUCT WHICH DIRECTLY GIVES RISE TO THE CLAIM. THIS CLAUSE WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDY AND THE EXPIRATION OF THESE WARRANTY TERMS.
General Conditions
AirLink shall have the right to assign any or all components of these Warranty Terms without the prior written consent of the other party. AirLink shall not be liable to Customer for any alleged loss or damages resulting from delays in performance (including for AirLink, loss or damages resulting from delivery of the Products being delayed) caused by any act of God, fire, casualty, flood, war, failure of public utilities, injunction or any act, exercise, assertion or requirement of governmental authority, earthquake, labor strike, riot, accident, shortage, delay in transportation or any other cause beyond the reasonable control of AirLink, and if AirLink shall have used its best efforts to avoid such occurrence and minimize its duration and has given prompt written notice to Customer, then AirLink's performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence. All notices and demands of any kind which either party may be required or desire to serve upon the other under the terms of this Agreement shall be in writing and shall be served by personal service or by registered mail, postage prepaid, to AirLink (Att: VP/Operations) at the address set forth at the beginning of this Agreement, and to Customer, at the address provided by Customer to AirLink on the applica- ble purchase order. If any provision of these Warranty Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way
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