Carevel Medical Systems Pvt. Ltd. warrants, solely to the end users of the Product that for a period specified in the warranty certificate, such Product shall perform as per its intended use.
The foregoing warranties shall not apply if the Product has been subjected to:
(a) physical abuse, misuse, abnormal use, or use not consistent with Carevel Medical Systems Pvt. Ltd.’s published directions,
(b) any modification by anyone other than Carevel Medical Systems Pvt. Ltd. or third parties; or
(c) fraud, tampering, negligence or accidents, depending upon the nature of the products.
In no event shall Carevel Medical Systems Pvt. Ltd. be liable or obligated to the end user in any manner for any special, non-compensatory, consequential, indirect, incidental, statutory or punitive damages of any kind, including, without limitation, for injury or loss of life, lost profits, lost sales, lost revenue, loss of any software or data, or loss of use of any hardware, software or data, regardless of the form of action, whether in contract, tort, negligence, strict product liability, or otherwise, even if Carevel Medical Systems Pvt. Ltd. has been informed of or is aware of the possibility of any such damages in advance. Carevel Medical Systems Pvt. Ltd.’s total aggregate liability under this agreement and in relation to anything which Carevel Medical Systems Pvt. Ltd. has done or not done in connection with this agreement shall be limited to the price of the products purchased and paid for by the end user during the period in which such liability arises. The limitations set forth above shall be deemed to apply to the maximum extent permitted by applicable law and notwithstanding the failure of the essential purpose of any limited remedies.