Last Modified: December 29, 2023
This Limited Warranty (this “Warranty”) applies to the purchasers of any Products from Atom Power, Inc. (“Atom Power”), and is subject to the General Terms and Conditions for the Sale of Products and Services (the “Terms”) located at Terms & Conditions, whose terms and conditions are incorporated herein and made a part hereof. Capitalized terms used but not defined herein shall have the meaning ascribed thereto in the Terms.
This warranty is not transferable, assignable or licensable except to the extent expressly permitted under the Terms or otherwise expressly agreed to in writing by an authorized representative of Atom Power.
This Warranty shall be governed by and construed in accordance with Section 10.3 of the Terms.
This Warranty is the entire and exclusive agreement between purchaser and Atom Power with respect to the subject matter set forth herein, and any modification or waiver of any provision of this Warranty is not effective unless expressly set forth in writing by an authorized representative of Atom Power.
LIMITED WARRANTY DISCLAIMER. EXCEPT FOR THE LIMITED WARRANTIES NOTED HEREIN OR OTHERWISE SET FORTH IN SECTION 7.1 AND 7.2 OF THE TERMS, THE PRODUCTS, ATOM POWER MATERIALS, SERVICES, THIRD-PARTY MATERIALS, AND ANY DOCUMENTATION PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” AND WITH ALL FAULTS. THE LIMITED WARRANTIES ABOVE ARE EXCLUSIVE AND ATOM POWER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS AND TERMS, WHETHER EXPRESS OR IMPLIED BY STATUTE, TRADE USAGE OR COURSE OF DEALING OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE. THE LIMITED WARRANTIES ABOVE DO NOT COVER NON-DEFECT DAMAGE, DAMAGE CAUSED BY IMPROPER INSTALLATION, OPERATION OR CARE (INCLUDING, BUT NOT LIMITED TO ABUSE, MISUSE, FAILURE TO PROVIDE REASONABLE AND NECESSARY MAINTENANCE, OR ANY ALTERATIONS OR MODIFICATIONS TO THE PRODUCT) OR LABOR CHARGES FOR REMOVING OR REINSTALLING A REPAIRED OR REPLACED ITEM. ATOM POWER HEREBY DISCLAIMS ALL LIABILITY TO CUSTOMER OR TO ANY OTHER PERSON WITH RESPECT TO ANY USE OF THE PRODUCTS BY CUSTOMER, ITS AGENTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS OR CONTRACTORS FOR ANY USE OTHER THAN THE PERMITTED USE.
WAIVER OF CONSEQUENTIAL DAMAGES; MAXIMUM LIABILITY. IN NO EVENT SHALL ATOM POWER OR ANY OF ITS LICENSORS, SUPPLIERS, WHITE LABEL SUPPLIERS OR WHITE LABEL MANUFACTURERS HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL OR SPECIAL DAMAGES OR LOST PROFITS HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. CUSTOMER ASSUMES THE SOLE RISK AND LIABILITY OF ANY USE OF ATOM POWER PRODUCTS IN CRITICAL APPLICATIONS, SUBJECT ONLY TO APPLICABLE LAWS AND REGULATIONS GOVERNING LIMITATIONS ON PRODUCT LIABILITY. ATOM POWER SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE, INSTALLATION, OR IMPLEMENTATION OF NON-QUALIFIED PRODUCTS IN ANY MANNER WHATSOEVER, EVEN IF ATOM POWER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL ATOM POWER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY CLAIM AND/OR SERIES OF CLAIMS, WHETHER RELATED OR UNRELATED, UNDER THE AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS PAID BY CUSTOMER TO ATOM POWER PURSUANT TO THE APPLICABLE ORDERING DOCUMENT TO WHICH THIS AGREEMENT RELATES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.