This limited warranty is not transferable to any person that subsequently purchases the TMC Product herein warranted from you. This limited warranty does not cover damage caused by misuse or shipping damage. The carrier is responsible for all shipping damage and any claim for shipping damage should be filed with the carrier.
THE LIMITED WARRANTY PROVIDED HEREIN, AND THE OBLIGATION AND LIABILITY OF TMC HEREUNDER, IS EXCLUSIVE AND IS EXPRESSLY IN LIEU OF, AND YOU HEREBY WAIVE, ALL OTHER REMEDIES, WARRANTIES, GUARANTEES AND LIABILITIES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR OBLIGATIONS OF TMC WITH RESPECT TO FITNESS OF PURPOSE OR MERCHANTABILITY. TMC SHALL NOT BE RESPONSIBLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR INABILITY TO USE THIS TMC PRODUCT OR ANY OF YOUR PRODUCTS INTO WHICH THIS TMC PRODUCT MAYBE INSTALLED. TMC NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR TMC ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF THIS TMC PRODUCT. THIS LIMITED WARRANTY ALSO DOES NOT EXTEND TO ANY DAMAGE OR DEFECT ARISING (A) AS A RESULT OF THE ACCIDENT, MISUSE OR ABUSE, (B) BY OPERATION OUTSIDE THE PARAMETERS STATED IN THE TMC PRODUCT USER MANUAL, (C) AS A RESULT OF MODIFICATION OF THIS TMC PRODUCT, OR (D) AS A RESULT OF SERVICE BY ANYONE OTHER THAN TMC OR ANY PERSON AUTHORIZED IN WRITING BY TMC. IN THE EVENT THAT ANY DISCLAIMER OR LIMITATION HEREIN MAY NOT BE ALLOWED BY ANY JURISDICTION, THE MAXIMUM LIABILITY OF TMC SHALL NOT BE LIMITED TO REFUND OF THE PURCHASE PRICE OF THIS TMC PRODUCT. THIS LIMITED WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY TMC AND YOU.