Target Electronics, Inc. warrants to Customer that the products delivered will conform substantially to the description set forth in the Purchase Order. WITH THE EXCEPTION OF THE FOREGOING WARRANTY, TARGET ELECTRONICS, INC. MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED WITH REGARD TO THE PURCHASE OF PRODUCTS, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PURCHASE OF PRODUCT UNDER THIS CONTRACT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
IN NO EVENT SHALL TARGET ELECTRONICS, INC. BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (REGARDLESS OF HOW STATED) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF ELECTRONIC MEANS TO CARRY OUT A PURCHASE TRANSACTION, OR THE PURCHASE OF ANY PRODUCT HEREUNDER, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF PROMOTIONAL OR MANUFACTURING EXPENSE, OVERHEAD, INJURY TO REPUTATION, LOSS OF GOODWILL, LOSS OF CUSTOMERS, INJURY TO COMPUTERS, NETWORKS OR TELECOMMUNICATIONS EQUIPMENT, WHETHER OR NOT TARGET ELECTRONICS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CUSTOMER'S RECOVERY FROM TARGET ELECTRONICS, INC. FOR ANY CLAIM EXCEED CUSTOMER'S PURCHASE PRICE FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.
With respect to products that do not meet applicable manufacturer's specifications, Customer's sole remedy and Target Electronics, Inc. total liability is limited to a refund of Customer's purchase price for such products or replacement of such products; provided, however, that such products are returned, transportation charges prepaid, along with acceptable evidence of purchase of such products from Target Electronics, Inc., within seven (7) days from the date of delivery to Customer.