With respect to the product(s) delivered with this Limited Warranty, ChipChat warrants to the original purchaser that:
THE FOREGOING WARRANTIES ARE THE ONLY WARRANTIES PROVIDED BY CHIPCHAT IN CONNECTION WITH THE PRODUCTS COVERED BY THIS LIMITED WARRANTY AND ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED. CHIPCHAT HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
If any product delivered with this Limited Warranty is non-conforming or defective during the applicable warranty period, ChipChat will, at its option, either repair or replace such non-conforming or defective product, or return the purchase price to purchaser.
Any product delivered with this Limited Warranty has been thoroughly tested and is thought to be functional when released. In the event that a serious functional problem is discovered in any product delivered with this Limited Warranty, ChipChat may endeavor to correct such problem.
ChipChat shall have no obligation hereunder if any product delivered with this Limited Warranty has been misused, carelessly handled, defaced (including unauthorized repairs made or attempted by others), modified or altered. The product must be returned with proof of purchase in its original packaging (or other adequate packaging) to the point of purchase or, by prior arrangement with ChipChat, to ChipChat. Claims must be made in accordance with the provisions of this paragraph within the applicable warranty period or they will be barred.
If ChipChat determines that any product which has been returned to ChipChat in accordance with the provisions of the preceding paragraph is not under warranty, it will be repaired using ChipChat's standard rates for parts and labor. ChipChat will use it best efforts to repair the product after receipt thereof. ChipChat shall not be responsible, however, for delays caused by shipping or non-availability of replacement components or other similar or dissimilar causes, events or conditions beyond its reasonable control.
THE FOREGOING STATES THE PURCHASER'S EXCLUSIVE REMEDY FOR ANY BREACH OF THIS LIMITED WARRANTY AND FOR ANY CLAIM, WHETHER SOUNDING IN CONTRACT, TORT OR NEGLIGENCE, FOR LOSS OR INJURY CAUSED BY THE SALE OF ANY PRODUCT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHIPCHAT SHALL IN NO EVENT BE RESPONSIBLE FOR ANY LOSS OF BUSINESS OR PROFITS, DOWNTIME OR DELAY, LABOR, REPAIR, OR MATERIAL COSTS, INJURY TO PERSON OR PROPERTY OR ANY SIMILAR OR DISSIMILAR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY PURCHASES, EVEN IF CHIPCHAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. CHIPCHAT'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE PURCHASES SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SOUND CARD.