Integra warrants to Customer that the product manufactured by Integra will be free from defects in material and workmanship for a period of one (1) year from date of shipment from its facility. This warranty is subject to receipt of written notification by Customer to Integra within the warranty period. Any and all determination as to whether a product is defective shall be in Integra’s sole and exclusive discretion. Any warranty claim is further subject to Customer’s return of defective products to a destination specified by Integra. Under no circumstances will credit be allowed for unauthorized return of any products.
NO EMPLOYEE, REPRESENTATIVE OR DISTRIBUTOR IS AUTHORIZED TO CHANGE THE FOREGOING WARRANTIES IN ANY WAY OR GRANT ANY OTHER WARRANTY ON BEHALF OF INTEGRA. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY INTEGRA IN CONNECTION WITH THE MANUFACTURE OR SALE OF ITS PRODUCTS. THE LIABILITY OF INTEGRA, WHETHER IN CONTRACT, TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT EXTEND BEYOND ITS OBLIGATION TO REPAIR OR REPLACE, AT ITS OPTION, ANY PRODUCT OR PART FOUND BY INTEGRA TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP. INTEGRA SHALL NOT BE LIABLE FOR COST OF REMOVAL OR INSTALLATION AND/OR SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE.
Whether based on any Warranty claim or otherwise, Integra will not, in ANY event, be liable for any loss of profit, interruption of business or any other special, consequential or incidental damages suffered or sustained by Customer. Integra’s total maximum liability to the customer in respect of the manufacture and sale of products is limited to the Warranty stated herein and, if any claim by Customer is based on a theory other than the Warranties, then the damages are limited to the total monies received by Integra from the Customer for the particular products described in Customer’s order. The total maximum liability for scheduled orders that are drawn down against each month will be the monthly total of the effected order or the total value of the items effected whichever is the lesser.