LIFETIME LIMITED WARRANTY AND DISCLAIMER
Plasticase, Inc. (“Plasticase”) warrants that the NANUK case accompanying this document (the “Case”) will be free from defects in material and workmanship for the life of the Case, subject to the terms and conditions of this Limited Warranty and Disclaimer (the “Warranty”).
Limitation of Warranty The Warranty herein applies only to the original customer and is conditional upon the customer giving prompt notice to Plasticase of any discovered defects. Plasticase shall not be responsible for any other defects or damage, including, but not limited to, any defects or damage caused by or resulting from: (a) alterations to the Case by anyone other than Plasticase; (b) accident; (c) damage due to an intentional or negligent act of a third party; (d) abuse or negligence; (e) wear and tear.; (f) mishandling; (g) failure to use the Case in a safe and reasonable manner, or (h) force majeure. If the Case, in the judgment of Plasticase, shows evidence of having been altered, modified or repaired without the authorization of Plasticase, the Warranty herein shall not apply. THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. PLASTICASE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Liability Plasticase’s cumulative liability for damages of any kind whatsoever arising out of the use or possession of the Case, regardless of the form of action, whether in contract or tort, including negligence or strict liability, shall be limited to the purchase price of the Case. IN NO EVENT SHALL PLASTICASE BE LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR POSSESSION OF THE CASE, INCLUDING THE VALUE OF THE CONTENTS OF THE CASE, WHETHER OR NOT PLASTICASE HAS RECEIVED NOTICE OF THE POSSIBILITY OR CERTAINTY OR SUCH DAMAGES OR LOSSES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.