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    Refund policy

    Within ten days after receipt of each shipment of products sold hereunder, Purchaser shall examine such products for any damage, defects or shortage. All claims, including for alleged damaged or defective products, shortage or non-deliverance of products, negligence or any other cause whatsoever, which could have been discovered by such inspection shall be deemed waived unless made in writing and received by JM within thirty days after Purchaser’s receipt of the products. Failure of Purchaser to give notice of any claim within such time period shall be deemed an absolute and unconditional waiver of such claim, irrespective of whether the facts giving rise to such claim shall have been discovered or whether processing, use or resale of the product shall have taken place. JM’s determination of the validity of any claimed defect shall be conclusive and binding on Purchaser. 
    PURCHASER’S EXCLUSIVE REMEDY SHALL BE FOR DAMAGES AND JM’s TOTAL, COMPLETE AND EXCLUSIVE LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT TO WHICH THE CLAIM IS MADE, OR AT THE ELECTION OF JM, THE REPAIR OR REPLACEMENT OF SUCH PRODUCTS. JM shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the products. IN NO EVENT SHALL JM BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER PURCHASER’S CLAIM IS IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. Transportation charges for the return of products shall not be paid unless authorized in advance by JM. JM shall not indemnify nor be liable to Purchaser, Purchaser’s assigns, successors, purchases, lessees or licensees, or to any person or entity for any claims, losses, expenses or judgments arising out of or resulting in any way from the product or integration of compatibility of the product with any other components, processes, facilities or equipment which are not supplied by JM.

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