The purchaser shall provide the following
information regarding the potential warranty
claim (i) serial number of the defective device,
(ii) proof of purchase, (iii) purchaser's contact
information.
EXCEPT AS EXPRESSLY STATED AND SET
FORTH HEREIN, THERE ARE NO WARRAN-
TIES OR REPRESENTATIONS, EXPRESS OR
IMPLIED, CONCERNING THE PRODUCT
AND NO SUCH WARRANTIES OR REPRE-
SENTATIONS SHALL BE IMPLIED UNDER
ANY APPLICABLE LAW, IN EQUITY OR
OTHERWISE, INCLUDING WITHOUT LIMI-
TATION, A WARRANTY OF MERCHANT-
ABILITY, A WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE, OR ANY OTHER
WARRANTY WHICH MAY BE IMPLIED UN-
DER COMMON LAW OR UNDER THE UNI-
FORM COMMERCIAL CODE OF ANY STATE
OR OTHER JURISDICTION OF THE UNITED
STATES OF AMERICA.
20
Unless further limited herein, the entire liability
of TRUMA and the customer's exclusive remedy
for damages from any cause related to or
arising out of a warranty defect, regardless of
the form of action, whether in contract or in
tort, will not exceed the amount of the purchase
price for each purchase order for the Product
which is the subject matter or directly related to
the causes of action asserted.
Unless prohibited under applicable state law, in
no event will TRUMA, its agents, subcontrac-
tors, affiliates, suppliers and employees be li-
able for (a) any incidental, indirect, special or
consequential damages, including, but not lim-
ited to, loss of use, revenue, profits or savings,
substitute rental or for any other reason, even if
TRUMA knew or should have known of the pos-
sibility of such losses or damages, (b) claims,
demands or actions against the customer by any
person, except as provided by applicable law.