LIMITED WARRANTY AND DISCLAIMER OF LIABILITY
At ACME, we stand behind our products. When you buy from us, we guarantee our products will be free from material defects and workmanship at the time of delivery. If you use, abuse, misuse, neglect, modify, alter, damage, handle or install improperly this guarantee does not apply. In addition, any integration or use of our product in combination with other goods, materials, use or process not expressly approved in writing by us will void this warranty. Damage, including electrolysis or cavitation, caused by external factors such as the boat/vessel characteristics or other outside influences are not covered.
In the event our product is defective in material and/or workmanship, we may require the product be returned to us for inspection before offering a replacement or credit to the buyer for all or a portion of the purchase price. Acceptance by us of any product under this warranty is not an admission that the product is in any way nonconforming or otherwise defective.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, ACME MARINE GROUP MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE), CONCERNING ANY PRODUCT(S). ALL OTHER GUARANTEES, WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, ARE HEREBY EXPRESSLY DISCLAIMED, WAIVED, AND EXCLUDED.
IN NO EVENT SHALL ACME MARINE GROUP BE LIABLE TO BUYER OR ANY OTHER PERSON FOR PAYMENT OF CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER SPECIAL DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCT(S), INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DIMINUTION IN VALUE. WITHOUT LIMITING THE FOREGOING, THE TOTAL LIABILITY OF ACME MARINE GROUP FOR ALL TYPES OF LIABILITIES AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE PRODUCT(S) SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY BUYER TO ACME MARINE GROUP FOR THE PRODUCT(S) AT ISSUE IN SUCH CLAIM.