Each product manufactured by High Sierra Microwave is warranted to conform to High Sierra Microwave’s applicable specifications on the date on shipment. The warranty period is twelve (12) months after the date of shipment (the date on the delivery note), unless another period is specified. The warranty does not extend to damages due to improper installation, improper maintenance, abuse, accident, negligence, alteration, misuse or the like.
Under the limited warranty, High Sierra Microwave repairs or replaces any products which High Sierra Microwave determines to be defective. This is the sole and exclusive remedy. If High Sierra Microwave determines that repair or replacement fails its essential purpose, the purchaser will, at its option, be entitled to a refund of the purchase price for the products in question or a credit therefor.
LIMITATION OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, THERE ARE NO OTHER WARRANTIES HEREUNDER, WHETHER EXPRESSED OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING UNDER COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL HIGH SIERRA MICROWAVE BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OR LOST PROFITS, EXPENSES OR LOSES ARISING OUT OF OR RELATED TO THE SALE OR USE OF ANY OF ITS PRODUCTS REGARDLESS OF WHETHER THE LIABILITY RESULTED FROM ANY GENERAL OR PARTICULAR REQUIREMENT OR NEED WHICH HIGH SIERRA MICROWAVE KNEW OR SHOULD HAVE KNOWN.