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Warranties
Kirk International, Inc. makes no express warranties except those stated in this section. Any such warranties will be effective, and Kirk International, Inc. will be obligated to honor any such warranties, only upon Kirk International, Inc.’s receipt of payment in full for the item to be warranted. Kirk International, Inc. disclaims all other warranties, expressed or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Kirk International, Inc.’s responsibility for warranty claims is limited to either recovery of the purchase price or a substitution of a conforming product at Kirk International, Inc.’s option. Kirk International, Inc. reserves the right to modify its warranty at any time, in its sole discretion.
Limitation of Liability
Kirk International, Inc. does not accept liability beyond the remedies set forth herein, including any liability for products not being available, downtime of any machines or equipment, production delay or stoppage, shipping delays or cancellations, lost profits. Loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Customer agrees that for any liability related to the purchase of products, the kirk company is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of products under this agreement.