A. Warranty. Customer understands that by purchasing the Products, Customer is relying on the manufacturers’ specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by a Seller or its Affiliates. MANUFACTURER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY OTHER MANUFACTURER’S WARRANTY. Customer expressly waives any claim that it may have against Seller or its Affiliates based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “Claim”) with respect to any Product and also waives any right to indemnification from Seller or its Affiliates against any such Claim made against Customer by a third party. Customer acknowledges that no employee of Seller or its Affiliates is authorized to make any representation or warranty on behalf of the Manufacturer or any of its Affiliates that is not in this Agreement.
B. Product Warranty. PrestoTex/Presto Tape will not be responsible for physical or monetary replacement/reimbursement of any surface such as walls, windows, doors, floors and vehicles to which the product is adhered, including, but not limited to adhesive residue or paint damage upon removal. PrestoTex/Presto Tape may replace, repair, or refund, at its’ option, defective material only after inspection from the factory. 20% restocking charge, and freight to Bensalem, Pennsylvania will be charged for all returned unused material (in good condition and in original packaging) within 60 days of purchase only.
C. Limitation of Remedies. Except as otherwise expressly and specifically provided herein in Section A., regardless of the form of action (whether in contract or in tort, including negligence and misrepresentation), neither party shall be liable for special, indirect, consequential, incidental, punitive or exemplary damages, or for any claim for the loss of profits, business, use of data or information, or damage to good will.