Animatics warrants to Customer that Products purchased hereunder will conform to the applicable manufacturer's specifications for such Products and that any value-added work performed by Animatics on such Products will conform to applicable Customer's specifications relating to such work for a period of 2 years from the date of purchase. Animatics makes no other warranty, express or implied, with respect to the Products.
IN PARTICULAR, ANIMATICS MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. However, Animatics will transfer to Customer whatever transferable warranties and indemnities Animatics receives from the manufacturer of whatever transferable warranties and indemnities Animatics receives from the manufacturer of the Products. With respect to value-added work by Animatics which does not meet applicable Customer's specifications, Animatics liability is limited (at Animatics election) to (1) refund of Customer's purchase price for such Products (without interest), (2) repair of such Products or (3) replacement of such Products; provided, however, that such Products must be returned to Animatics, along with acceptable evidence of purchase, within twenty (20) days from date of delivery, transportation charges prepaid.
CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND ANIMATICS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT BEING LIMITED TO, LOSS OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS. CUSTOMER'S RECOVERY FROM ANIMATICS FOR ANY CLAIM SHALL NOT EXCEED CUSTOMER'S PURCHASE PRICE FOR THE PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT WARRANTY, OR OTHERWISE.
USE OF PRODUCTS IN LIFE SUPPORT AND NUCLEAR APPLICATIONS.
Products sold by Animatics are not designed for use in life support or nuclear applications. Animatics’ customers using or selling Products for use in life support or nuclear applications do so at their own risk, agree that Animatics and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use, and agree to fully indemnify, defend and hold harmless Animatics and the manufacturer of the Products from and against any and all claims, damages, loss, cost, expense or liability arising out of or in connection with the use or performance of Products in life support or nuclear applications.