LIMITED PRODUCT WARRANTY, ARTWORK & OVERRUNS
NMC warrants that all goods will be free from defects in materials and workmanship for a period of 30 DAYS from the date of receipt of shipment of a good.
Product Warranty Limitations
The Limited Warranty does not apply if: (1) the defect is the result of use or handling of the goods in a manner, circumstances or purposes other than those approved or instructed by NMC; or (2) the goods are misused or abused or there is evidence of tampering, mishandling, neglect, accidental damages, modification or repair without the approval of NMC.
THE LIMITED WARRANTY PROVIDED ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTY IS IN LIEU OF ANY OTHER LIABILITY OR OBLIGATION OF NMC FOR LOSSES, EXPENSES, INCONVENIENCES OR DAMAGES (WHETHER SPECIAL, INDIRECT, SECONDARY, OR CONSEQUENTIAL) ARISING FROM OWNERSHIP OR USE OF THE GOODS. REPAIR , REPLACEMENT, OR CREDIT (AT NMC'S OPTION) UPON RETURN OF THE GOODS IS PURCHASER'S SOLE REMEDY FOR ANY SUCH LOSSES, EXPENSES, INCONVENIENCES OR DAMAGES. PURCHASER HEREBY WAIVES ANY RIGHTS THAT IT MIGHT OTHERWISE BE ENTITLED TO IN CONNECTION WITH THE MATTERS COVERED IN THIS PARAGRAPH.
NO CONSEQUENTIAL DAMAGES
Under no circumstances whatsoever shall NMC and Purchaser be liable to each other for any indirect, special, or consequential damages, whether foreseeable or unforeseeable and whether based upon lost goodwill, lost resale profits, loss of use of money, work stoppage, impairment of other assets, or otherwise and whether arising out of breach of warranty, breach of contract, strict liability in tort, negligence, misrepresentation, or otherwise, except only in the case of personal injury where applicable law requires such liability.
PATENT, COPYRIGHT AND TRADEMARK INDEMNITY
In the event that a good supplied by NMC is claimed to directly infringe a United States patent, copyright or trademark or a foreign patent, copyright or trademark corresponding thereto in effect at the time NMC issues its invoice or written acknowledgment of the order, then Purchaser shall permit NMC, at its option and expense, either to (1) procure the right to continue to use such good, (2) replace or modify such good so that the good supplied becomes noninfringing, or (3) accept return of such good and reimburse Purchaser for the purchaser price, less a charge for reasonable wear and depreciation. NMC shall at its expense defend any action against Purchaser based on a claim that a good infringes a United States patent, copyright or trademark or a foreign patent, copyright or trademark corresponding thereto, provided that Purchaser: (1) notifies NMC promptly in writing of such action, and furnishes copies of all demands, process and pleadings; (2) gives NMC sole control of the defense thereof (and any negotiations for settlement or compromise thereof); and (3) cooperates in the defense thereof at NMC's expense. THE FOREGOING STATES THE ENTIRE LIABILITY OF NMC FOR INFRINGEMENT CLAIMS AND ACTIONS, AND PURCHASER HEREBY WAIVES ANY RIGHTS THAT IT MIGHT OTHERWISE BE ENTITLED TO IN CONNECTION WITH THE FOREGOING. NMC shall have no liability to Purchaser for any action or claim alleging infringement based upon any conduct involving: (1) the use of any good in a manner other than as specified by NMC; (2) the use of any good in combination with other products, equipment, or devices not supplied by NMC; or (3) the alteration, modification or customization of any good by any person other than NMC, or by NMC based on Purchaser's specifications or otherwise at Purchaser's direction (regardless of whether such alteration, modification or customization occurs before or after the good is originally shipped by NMC to Purchaser). In the event of an infringement action or claim against NMC which is based on any conduct described in the preceding sentence, Purchaser shall indemnify and hold NMC harmless against all damages, costs or expenses, including reasonable attorneys' fees paid or incurred by NMC in connection with such action or claim.
ARTWORK AND OVERRUNS
All artwork submitted by Purchaser is subject to the approval of NMC. NMC will notify Purchaser of any additional charges for retouching or reworking and will bill Purchaser at cost for same.
NMC may utilize custom artwork for purposes of marketing and sales efforts – to include promotion by (1) email (2) PowerPoint slides (3) website promotion (4) other ways as determined by NMC.
NMC reserves the right to refuse anything deemed offensive. On custom product orders NMC reserves the right to ship ten percent over or under the quantity ordered.
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