| Limited Warranty All statements, technical information and recommendations concerning products sold or samples provided by AVERY DENNISON are based upon tests believed to be reliable but do not constitute a guarantee or warranty. All products are sold and samples of products provided with the understanding that PURCHASER has independently determined the suitability of such products for its purposes. AVERY DENNISON warrants the products to be free from defects in material and workmanship. Should any failure to conform to this warranty appear within one year* after the initial date of shipment, AVERY DENNISON shall, upon notification thereof and substantiation that the products have been stored and applied in accordance with AVERY DENNISON's standards, correct such defects by suitable repair or replacement without charge at AVERY DENNISON's plant or at the location of the products (at AVERY DENNISON's election) provided, however, if AVERY DENNISON determines that the repair or replacement is not commercially practical, AVERY DENNISON shall issue credit in favor of PURCHASER in an amount not to exceed the purchase price of the products. This warranty is exclusive and is in lieu of any implied warranty of merchantability, fitness for a particular purpose or other warranty of quality, whether express or implied, except the warranty of title and against patent infringement. No waiver, alteration, additions or modifications of the foregoing conditions shall be valid unless made in writing and manually signed by an officer of Avery Dennison. * Or in the time period stated on the specific product specification sheet, if any, and if not then on the specific product information literature in effect at time of shipment. | /space.gif/$File/space.gif?OpenElement){kind=small} | Limitation of Liability In no event shall AVERY DENNISON be liable for any incidental or consequential damages, including but not limited to, loss of profit, loss of use of production or loss of capital. The remedies of PURCHASER set forth herein are exclusive and the total liability of AVERY DENNISON with respect to any contract, or anything done in connection therewith such as the performance or breach hereof, or from the manufacture, sale, delivery, resale, installation or use of products whether arising out of contract, negligence, strict tort, or under any warranty, or otherwise, shall not exceed the purchase price of the products upon which the liability is based. | |
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