Before using any of the Products, Purchaser shall determine the suitability of the Products for Purchaser’s intended use by considering such factors as overall product design and the processing and environmental conditions to which the Products will be subjected. Solarflare warrants solely to Purchaser, for a period of 3 years from the date a Product is delivered to Purchaser (the “Warranty Period”), that the Product will conform in all material respects to Solarflare’s published specifications for such Product in effect as of the date of purchase (the “Limited Warranty”). As Solarflare’s sole responsibility and Purchaser’s exclusive remedy in the event of any material nonconformity, Solarflare, at its sole discretion, shall repair or replace the Product with the same or equivalent model. The Limited Warranty shall not cover and Solarflare is not responsible for any defects caused by, including, without limitation, misuse, static discharge, lightening, fire, water, earthquake, theft, disappearance, misplacement, abuse, neglect, reckless, willful, or intentional conduct, improper handling, installation, repair, alteration or accident, viruses, or other cause not within the reasonable control of Solarflare, as well as for any minor imperfections in the Product that meet design specifications and imperfections that do not materially alter functionality. The Limited Warranty shall also not cover and Solarflare shall not be responsible for any damage to the Product caused by the combination of the Product with other non-Solarflare products, parts or components. Modification or repair by Purchaser, or at Purchaser’s direction, unless specifically authorized by Solarflare, shall invalidate this Limited Warranty.
OTHER THAN THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, SOLARFLARE HEREBY EXCLUDES ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED BY OPERATION OF LAW, COURSE OF DEALING, TRADE USAGE, REPRESENTATION, STATEMENT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INFRINGMENT OF INTELLECTUAL PROPERTY RIGHTS. SOLARFLARE ALSO EXCLUDES ALL OTHER OBLIGATIONS AND LIABILITIES IN CONNECTION WITH THE SALE OF THE PRODUCTS. SOLARFLARE SHALL NOT UNDER ANY CIRCUMSTANCE BE LIABLE TO ANYONE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND LOST SAVINGS, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT SOLARFLARE OR A LICENSOR OF SOLARFLARE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL SOLARFLARE BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS. SOLARFLARE'S MAXIMUM LIABILITY FOR ANY REASON SHALL NOT EXCEED THE TOTAL PAYMENTS TO SOLARFLARE HEREUNDER FOR THE RELEVANT PRODUCTS.
Solarflare neither assumes nor authorizes any person, firm or entity to assume for it any other additional liability or responsibility in connection with the Products. Purchaser accepts all of the Products subject to the terms herein.
All warranties are subject to change without notice