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Terms

Disclaimer
We strive to partner with suppliers that are committed to quality in all aspects of their products’ manufacture.  Some products carry warranties from their third-party manufacturers that may be transferable to you.  SINCE WE DO NOT MANUFACTURE PRODUCTS, WE PROVIDE THEM TO YOU “AS IS,” DISCLAIMING ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

Limits
WE ARE COMMITTED TO OUR CUSTOMERS.  AS SUCH, THERE MAY BE TIMES WHEN WE MAY BE LIABLE TO YOU.  IN SUCH CASES, WE BOTH AGREE THAT: (1) OUR LIABILITY ON ANY CLAIM OF ANY KIND OR FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THESE TERMS AND CONDITIONS, OR THE PERFORMANCE OR BREACH THEREOF OR ANY PRODUCTS SHALL NOT EXCEED THE AMOUNT OF ANY ACTUAL LOSS OR DAMAGE, UP TO THE AGGREGATE AMOUNT YOU HAVE ACTUALLY PAID US FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM, REGARDLESS OF THE FORM OF ACTION, INCLUDING NEGLIGENCE, STRICT LIABILITY, TORT, PRODUCT LIABILITY OR OTHERWISE AND (2) WE SHALL NOT BE LIABLE FOR (A) THIRD PARTY CLAIMS AGAINST YOU FOR LOSSES OR DAMAGES OR (B) ANY LOST PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, REGARDLESS OF THE FORM OF ACTION. THE LIMITS OF LIABILITY SET FORTH IN THIS PARAGRAPH DO NOT APPLY TO THE BODILY INJURY TO OR THE DEATH OF ANY PERSON OR OUR DAMAGE TO PROPERTY ON YOUR PREMISES CAUSED BY US. NEITHER OF US MAY BRING ANY CLAIM AGAINST THE OTHER MORE THAN ONE (1) YEAR AFTER THE DATE SUCH CAUSE OF ACTION ACCRUES.  YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS) THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

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