perlick.com • [email protected] • 800.558.5592 96 CENTURY REMOTE BEER SYSTEMS CENTURY FACTORY ENGINEERED PERFORMANCE GUARANTEE 4. Buyer’s exclusive remedy for defective Century System This Performance Guarantee contains buyer’s exclusive remedy for defective Century System performance. Buyer’s remedy under this Performance Guarantee is conditioned upon buyer’s compliance with its obligations under section 4(a) and 4(b) below. During the warranty period, with respect to any alleged defective performance of the Century System: (a) Buyer shall notify Perlick, in writing, of any alleged claim or defect within 10 business days from the date buyer discovers, or upon reasonable inspection should have discovered, such alleged claim or defect (but in any event before the expiration of the applicable warranty period) (b) Buyer shall make the Century System available for inspection and testing by Perlick (c) If Perlick’s inspection and testing reveals, to Perlick’s reasonable satisfaction, that such Century System is defective, and any such defect has not been caused by or contributed to by any of the factors described under Section 2, Perlick shall in its sole discretion, and at its expense: (i) repair or replace such Century System (ii) credit or refund the price of such Century System, less any applicable discounts, rebates or credits; and (d) Buyer has no right to return for repair, replacement, credit, or refund any Century System except as set forth in this paragraph. In no event shall buyer reconstruct, repair, alter, or replace any Century System, in whole or in part, either itself or by or through any third party, or this performance guarantee shall be void and not in effect. (e) THIS PERFORMANCE GUARANTEE SETS FORTH THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND PERLICK’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 1. 5. Disclaimer EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN Section 1, PERLICK MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE CENTURY SYSTEM, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 6. No Liability for Consequential or Indirect Damages NEITHER PERLICK NOR ITS REPRESENTATIVES IS LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROF ITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS PERFORMANCE GUARANTY OR BREACH OF WARRANTY, REGARDLESS OF (a) WHETHER SUCH DAMAGES WERE FORESEEABLE (b) WHETHER OR NOT PERLICK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (c) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITH STANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
