Except as set forth above, Seller makes NO OTHER WARRANTIES concerning the products whatsoever. SELLER DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE concerning the products. In no event will Seller's liability exceed the paid purchase price of the products. Seller's obligations described in this paragraph shall be Buyer's sole and exclusive remedy against Seller and Seller's Distributors for any liability with respect to the products whether any claim for recovery is based upon or aries out of theories of contract, negligence, tort (including strict liability) or otherwise. Buyer agrees that NO OTHER REMEDY SHALL BE AVAILABLE to Buyer and that IN NO EVENT SHALL SELLER BE LEABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, including without limitation loss of income, loss of time, loss of sales, cost of replacement items, or claims asserted by Buyer's customers. A suit based on any cause of action must be commenced within one year from the date of delivery of product.
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