Tosoh Quartz, Inc. provides repair quotes for repairs only to the damaged area of the product as previously indicated to Tosoh Quartz by the customer, and not for any unreported damage to other process-effected dimensions of the product. This repair quote is based on the commercially reasonable efforts of Tosoh Quartz and the pertinent information provided to Tosoh Quartz by the customer.
The customer, at the customer’s expense, shall pack any product returned to Tosoh Quartz for repair in a commercially reasonable manner sufficient to prevent any additional damage during shipping. The customer shall bear the risk of loss of such product while the product is in transit to and from Tosoh Quartz for the repairs. The return of any product to Tosoh Quartz for any repair requires assignment of an RAN number. If, upon the receipt of the product from the customer, Tosoh Quartz determines in its sole discretion that it is unable to repair the damaged product, Tosoh Quartz will return the damaged product to the customer at the customer’s expense if requested in writing by the customer within thirty (30) days of notification from Tosoh Quartz that the product is not repairable; provided, however, if no such request is made the product may be discarded by Tosoh Quartz. In no event will Tosoh Quartz be responsible for replacing or refunding the amount originally paid for such product or for any other undertaking whatsoever with regard to the product.
Following the repair of the product, Tosoh Quartz shall package the repaired product in a commercially reasonable manner sufficient to prevent damage during shipping and return it to the customer at the customer’s expense.
Tosoh Quartz warrants that all repairs made will be free from defects in materials, workmanship and thermal cracking under normal use for a period of thirty (30) days from date of repair.
THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE REMEDY FOR SUCH DEFECTS IN MATERIAL OR WORKMANSHIP AND THE CUSTOMER HEREBY WAIVES ALL OTHER REMEDIES ARISING BY LAW OR OTHERWISE. THIS WARRANTY IS THE ONLY EXPRESS WARRANTY APPLICABLE TO THE PRODUCT AND THERE ARE NO OTHER WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF SAVE AS MANDATED BY STATUTE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CUSTOMER AGREES TO LIMIT TOSOH QUARTZ’S LIABILITY FOR THE CUSTOMER’S DAMAGES TO THE AMOUNT OF THE REPAIR QUOTE. THIS LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION OR LEGAL THEORY PLED OR ASSERTED.
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT WILL TOSOH QUARTZ BE LIABLE FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL LOSSES, AND/OR FOR LOSS OF PROFITS, OPPORTUNITY OR GOODWILL, WHETHER DIRECT OR INDIRECT, OR BUSINESS INTERRUPTION.