- Gypsee Games (Gypsee) warrants to Buyer that for a period of 30 Days from the date of shipment of the Manufactured Goods (“Warranty Period“), such Manufactured Goods will materially conform to Gypsee’s published specifications (if any) in effect as of the date of this Agreement and will be free from material defects in material and workmanship.
- EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 1, GYPSEE MAKES NO WARRANTY WHAT SO EVER WITH RESPECT TO THE GOODS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; [OR] (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; or (iii )WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
- Products manufactured by a third party (“Third Party Product“) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, the Goods. Third Party Products are not covered by the warranty in Section 1. For the avoidance of doubt, GYPSEE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.]
- Gypsee shall not be liable for a breach of the warranty set forth in Section 1 unless: (i) Buyer gives written notice of the defect, reasonably described, to Gypsee within 5 days of the time when Buyer discovers or ought to have discovered the defect; (ii) Gypsee is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by Gypsee) returns such Goods to Gypsee’s place of business at Customer’s cost for the examination to take place there; and (iii) Gypsee reasonably verifies Buyer’s claim that the Goods are defective.
- Gypsee shall not be liable for a breach of the warranty set forth in Section 8 if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Gypsee’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (iii) Buyer alters or repairs such Goods without the prior written consent of Gypsee.
- Subject to Sections 4 and 5 above, with respect to any such Goods during the Warranty Period, Gypsee shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Gypsee so requests, Buyer shall, at Gypsee expense, return such Goods to Gypsee.
- THE REMEDIES SET FORTH IN SECTION 8 SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND GYPSEE’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 1.
- Limitation of Liability.
- IN NO EVENT SHALL GYPSEE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (i) WHETHER SUCH DAMAGES WERE FORESEEABLE, (ii) WHETHER OR NOT GYPSEE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL GYPSEE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED [NUMBER] TIMES] THE TOTAL OF THE AMOUNTS PAID TO GYPSEE FOR THE GOODS SOLD HEREUNDER [OR $[AMOUNT], WHICHEVER IS LESS.
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NEITHER YOU NOR GYPSEE GAMES IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, THE SERVICES, OR THE CONTENT. THIS IS TRUE EVEN IF WE WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES