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Subject to the limitations and conditions contained in this Agreement, Seller warrants to Buyer for a period of 12 months after shipment that as of the date of shipment the products sold under this Agreement conformed to Seller's applicable published technical specifications for such products. Seller's prices are based upon this limited warranty and any different or greater warranty coverage which Buyer requests may require a price adjustment. This limited warranty extends only to Buyer and to no other person. This limited warranty does not cover and excludes, without limitation: (i) any failure, losses, damages, deficiencies, costs or expenses arising or relating to any misuse (including use with incompatible materials, abnormal conditions of use and use for purposes not intended for the product), accident, abuse or neglect; normal wear and tear; improper storage, handling, installation, maintenance or application of the product or other materials or items used with the product; and any similar acts, events or circumstances; (ii) products made with materials or parts supplied by Buyer or manufactured to Buyer’s specifications; (iii) products which have been altered, repaired, modified, or serviced by anyone other than Seller; (iv) products for which Buyer has not paid in full; (v) products which are sold as obsolete, off-spec, seconds or substandard, and (vi) any other claim or matter not within the scope of the limited warranty. THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY SELLER WITH RESPECT TO PRODUCTS SOLD OR SERVICES PROVIDED BY SELLER. SELLER MAKES NO AND DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY; ANY IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE; ANY IMPLIED WARRANTY OF NON-INFRINGEMENT; ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE; ANY IMPLIED WARRANTY ARISING FROM ANY USE OF ANY PRODUCTS, OR SELLER'S AND/OR BUYER'S CONDUCT IN RELATION TO THE PRODUCTS WHETHER OR NOT THE PURPOSE OR USE OF THE PRODUCTS OR SERVICES HAS BEEN DISCLOSED TO SELLER AND WHETHER OR NOT THE PRODUCTS OR SERVICES ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER’S USE OR PURPOSE. Buyer acknowledges that, except as expressly provided in this Agreement, no representative of Seller is authorized to give or make any other representation or warranty or modify the above limited warranty in any way and that no Seller samples, catalogs, brochures or other publications and no statement, advice, recommendation, or instruction made or assistance given by Seller in connection with any products or services shall constitute a representation or warranty or a waiver or modification by Seller of this Agreement. Except for the above limited warranty, Buyer assumes all risk and liability from Buyer’s use of the products and acknowledges that it does not rely on, and waives any claim relating to, any such samples, catalogs, brochures, publications, statement, advice, recommendation, or instruction regarding the products given to Buyer by Seller. Buyer acknowledges that all Seller products and services are sold with the understanding that it is the sole and exclusive responsibility of Buyer to determine the suitability of the products and services for Buyer's intended purposes. Buyer acknowledges that Seller has no control over Buyer’s use of the products and that Seller has made no warranties, guarantees, or assurances as to the results that may be obtained from the use of the products whether used singly or in combination with other items. Buyer acknowledges and agrees that all Seller products are sold with the understanding that the disclaimers, limitations, and disclosures in Paragraph 5 and Paragraph 6 apply to subsequent purchasers or users of the products as well as any Buyer products which incorporate the products. Buyer shall obtain from any subsequent purchaser or user of the products appropriate terms which give Seller the protection and benefit of the disclaimers, disclosures, and limitations in Paragraph 5 and 6. IN NO EVENT WHATSOEVER SHALL SELLER OR ANY OF ITS EMPLOYEES, AGENTS OR SUPPLIERS HAVE: (a) ANY LIABILITY, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, IN AN AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY RECEIVED BY SELLER FROM BUYER AS PURCHASE PRICE FOR THE PRODUCTS OR SERVICES WHICH ARE THE SUBJECT OF A CLAIM OR (b) ANY LIABILITY FOR ANY INDIRECT, ACCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING FROM OR RELATING TO ANY INJURY TO PERSONS; LOSS OF VALUE OR USE (INCLUDING WITHOUT LIMITATION, DIMINUTION IN VALUE OR STIGMA DAMAGES); LOSS OF ANTICIPATED REVENUE OR PROFIT; COST OF CAPITAL; DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT; CLAIMS MADE BY END-USERS; OR COST OF SUBSTITUTE SUPPLIES, FACILITIES OR SERVICES. Any claim against Seller permitted under this Agreement and not brought within 12 months after the cause of action accrues shall be deemed waived by Buyer. Buyer agrees never to institute, file, initiate, prosecute or maintain any claim, demand, cause of action, action, suit, administrative or other proceeding (at law, in equity or otherwise), seeking any remedy except for those remedies permitted by this Agreement.