Profile Products LLC (“Profile”) warrants that its products are manufactured in accordance with their applicable published specifications and that its products, as supplied at the time of delivery to the purchaser, will be free from all material defects and contamination. PROFILE DISCLAIMS ALL OTHER WARRANTIES OF EVERY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTIES IMPLIED IN LAW OR OTHERWISE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL PRODUCTS ARE SUPPLIED AS IS AND WHERE IS. The foregoing warranty will be voided by any use or storage of products not in accordance with applicable product directions and precautionary statements or any modifications or additives to the products. No employee or representative of Profile is authorized to amend or supplement this warranty in any way or to grant any other warranty.
The purchaser’s sole and exclusive remedy for any breach of the foregoing warranty is to receive from Profile replacement products that conform to the warranty, subject to the following conditions: (i) any breach of the warranty must be reported to Profile within 10 days after receipt and (ii) products subject to a claim for replacement must be returned transportation prepaid to a location designated by Profile. Profile’s obligation herein will not include any transportation charges or other expenses incident to the return and replacement of products.
PROFILE WILL NOT BE LIABLE TO THE PURCHASER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECULATIVE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR FOR ANY DAMAGE TO THE PURCHASER’S OR ANY THIRD PARTY’S PROPERTY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, REGARDLESS OF WHETHER PROFILE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM FOR SUCH DAMAGES IS BASED AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE. Profile’s total liability for any reason, whether in contract, tort or otherwise, will not exceed the aggregate amount paid by the purchaser for the applicable products.