DISC-O-BED (“MANUFACTURER”) warrants only that this product shall be free from defects in materials and workmanship for a period of one year after the date of delivery. If within the applicable warranty period, (i) the purchaser discovers any defects in the materials or workmanship of this product and (ii) notifies MANUFACTURER in writing of such defects and returns the defective product to MANUFACTURER, MANUFACTURER shall repair or replace the defective product, or, at MANUFACTURER’s sole option, refund the purchase price for the defective product. This warranty shall not apply to any of the following:
(a) products that have been repaired or altered by anyone other than MANUFACTURER approved personnel; (b) products that have been damaged by negligence or accident or by other circumstances beyond the reasonable control of MANUFACTURER; or (c) products that have been improperly used or maintained, or that have been subjected to abnormal conditions of use or maintenance not in conformity with MANUFACTURER’s written instructions concerning use and maintenance. In no case whatsoever, including justified warranty claims, is the purchaser entitled to retain payments due, except upon the written consent of MANUFACTURER with respect to undisputed claims. No claims for warranty will be processed if received after the warranty period.
IN ALL EVENTS, THE LIABILITY OF MANUFACTURER, WHETHER BASED IN TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE PRICE OF THE DEFECTIVE PRODUCT IN QUESTION OR WITH RESPECT TO WHICH SUCH BREACH, DEFAULT, OR NEGLIGENCE IS CLAIMED. THE PURCHASER ACKNOWLEDGES THAT THE REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.