Defective or nonconforming products shall be replaced by Seller without additional charges, or at Seller’s option, Seller may refund the purchase price upon return of the products at Seller’s expense.
NOTWITHSTANDING THE ABOVE, AND REGARDLESS OF THE CIRCUMSTANCES, SELLER’S TOTAL LIABILITY TO BUYER FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY CAUSE WHATSOEVER WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, BREACH OF CONTRACT OR OTHERWISE SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT TO WHICH SUCH CAUSE AROSE. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
Any cause of action that Buyer may claim against Seller which allegedly arises under this Contract must be commenced within two (2) years after the cause of action has accrued.