The extent of any limited warranty for a product is as shipped with the product or as expressly stated on a warranty document on the Site. Any warranty offered is limited to defects in material or workmanship, and repair or replacement is your exclusive remedy for any defective product. In no event shall Company be liable for any special, incidental or consequential damages of any kind arising out of the purchase or use of any product, whether based on contract, tort, statute or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. In addition, any warranties implied by law shall in no event extend beyond the duration of the express warranty offered, if any. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some products may also be covered by a manufacturer's warranty that requires these items to be sent directly to the manufacturer for replacement or repair.
Out-of-Stock Products, Backorders, Allocated Items, and Discontinued Materials. If an item is out of stock, allocated to another customer, or discontinued, Company will cancel the item from your order and notify you via email. If an item is backordered, Company cannot guarantee that the backorder will be filled. If the backordered item is no longer available, Company will cancel the item from your order and notify you via e-mail. Company will not charge your credit card for any of these types of purchases until the item ships.
If you purchase products or services from Company through the Site, your sole and exclusive remedy, and Company's sole and exclusive liability, for any breach of warranty shall be your right to return the product or receive a refund for the service under the Return Policy. IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
