Miami Corporation Complete Warranty
THE MIAMI CORPORATION (“MIAMI CORP.”) IS A DISTRIBUTOR OF PRODUCTS AND DOES NOT MANUFACTURE THEM. ANY WARRANTY COVERING SUCH PRODUCTS IS SUPPLIED BY THE MANUFACTURER. MIAMI CORP. EXPRESSLY DISCLAIMS ANY WARRANTY OR GUARANTY, EXPRESS, OR IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OR OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, OR THAT ANY AFFIRMATION OF FACT OR PROMISE IS MADE BY MIAMI CORP. WITH RESPECT TO THE PRODUCTS IT SELLS. BUYER HEREBY WAIVES ALL OTHER CLAIMS AGAINST MIAMI CORP. AND UNDER NO CIRCUMSTANCES SHALL MIAMI CORP. BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LABOR, LOST TIME, LOST PROFITS, BUSINESS INTERRUPTION, PROPERTY DAMAGE, OR ANY OTHER LOSSES OR EXPENSES, DIRECTLY OR INDIRECTLY ARISING FROM THE DESIGN, MANUFACTURE, FABRICATION, DISTRIBUTION, SALE, HANDLING, INSTALLATION, MAINTENANCE, OR USE OF THE PRODUCTS, OR FROM ANY OTHER CAUSE RELATING THERETO, AND MIAMI CORP.’S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO, AT MIAMI CORP.’S SOLE ELECTION, THE REPLACEMENT OF A DEFECTIVE PRODUCT, OR TO PROVIDE A REFUND TO BUYER WITH AN AMOUNT EQUAL TO THE COST OF THE MATERIAL ONLY. CLAIMS AGAINST MIAMI CORP. WAIVED BY BUYER INCLUDE ANY CAUSE OF ACTION, CLAIM OR SUIT ASSERTING ANY LEGAL, EQUITABLE AND/OR ADMIRALTY OR MARITIME CLAIMS OR CAUSES OF ACTION (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, TORT, EXPRESS OR IMPLIED WARRANTY, INDEMNITY OR CONTRACT, CONTRIBUTION, OR SUBROGATION) RELATED TO OR ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF THE PRODUCTS, OR THE DESIGN, MANUFACTURE, FABRICATION, DISTRIBUTION, SALE, HANDLING, INSTALLATION OR MAINTENANCE OR USE OF THE PRODUCTS.
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