Limitation of Liability

In no event shall HBM be liable for any incidental or consequential damages, including but not limited to loss of profit, loss of use or production, or loss of capital. The remedies of Purchaser set forth herein are exclusive and the total liability of HBM with respect to any contract or anything done in connection therewith, such as the performance or breach hereof, or from the manufacture, sale, delivery, resale, installation, or use of any products, whether arising out of contract, negligence, strict tort, or under any warranty, or otherwise, shall not exceed the purchase price of the products upon which liability is based.

Warranty

HBM warrants its products to be free from defects in material and workmanship. Should any failure to conform to this warranty appear after the initial date of shipment, HBM shall, upon notification thereof and substantiation that the products have been stored and applied in accordance with HBM standards, correct such defects by suitable replacement without charge. If HBM determines that replacement is not commercially practical, HBM shall issue a credit in favor of Purchaser in an amount not to exceed the purchase price of the products. Products are sold with the understanding that the Buyer has independently determined the suitability of the product for his/her purposes, and he/she is reminded that a few materials are sensitive to adhesive tapes and discretion should be used in their application. Bulletins, specifications, product and testing reports and other descriptive and advertising material and information are based on research testing and are believed to be reliable, but constitute no part of this warranty, which is exclusive and strictly limited to the foregoing. This warranty is exclusive and is in lieu of any implied warranty of merchantability, fitness for a particular purpose, or other warranty of quality, whether express or implied, except the warranty of title and against patent infringement. No waiver, alteration, additions, or modifications of the foregoing conditions shall be valid unless made in writing and manually signed by an officer of HBM. No agent or representative is authorized to give any guarantee or make any statement contrary to or inconsistent with this warranty.