Warranty and Disclaimer for the following brands: Belden Tools Inc.; “Belden” “Belden Inc.” 8. WARRANTY AND DISCLAIMER (a) Belden Tools Inc. warrants to each original Buyer of Products manufactured by Belden Tools Inc. that such Products are free of material and workmanship defects for a period of 1 year from the date of shipment. No warranty is made with respect to (a) any Product which has been repaired or altered in such a way, in Belden Tools Inc.’s judgment, as to affect the Product adversely; (b) any Product which has, in Belden Tools Inc. judgment, been subject to negligence, accident or improper storage; (c) any Product which has not been operated and maintained in accordance with normal practice and in conformity with recommendations and published specifications of Belden Tools Inc.; and (d) any Products, component parts or accessories manufactured by others but supplied by Belden Tools Inc. (claims on items not manufactured by Belden Tools Inc. should be directed directly to the manufacturer thereof). To validate the warranty, Buyer must furnish Proof of Purchase with shipment date. Belden Tools Inc.’s warranty with respect to Products manufactured by it is limited to the repair or replacement, as Belden Tools Inc. may elect, of any defective part. In addition, Buyer must give Belden Tools Inc., written notice of such defect within 5 days of its discovery. Installation and transportation costs are not included. Belden Tools Inc. shall have the option of requiring the return of the defective material, transportation prepaid, for inspection. No allowance will be made for repairs without Belden Tools Inc.'s written approval. BELDEN TOOLS INC. MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. (b) IN NO EVENT SHALL BELDEN TOOLS INC. BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR OPPORTUNITIES, DOWNTIME OF MANUFACTURING PLANTS OR MACHINERY, LOSS OF GOODWILL, ETC.; NOR SHALL BELDEN TOOLS INC.’S LIABILITY FOR ANY CLAIMS OR DAMAGE ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR THE MANUFACTURE, SALE, DELIVERY OR USE OF THE PRODUCTS OR PARTS EXCEED THE PURCHASE PRICE OF SUCH PRODUCTS OR PARTS. THIS LIMITATION ON BELDEN TOOLS INC.'S LIABILITY SHALL APPLY TO ANY LIABILITY FOR DEFAULT UNDER OR IN CONNECTION WITH THE PRODUCTS OR PARTS DELIVERED HEREUNDER, WHETHER BASED ON WARRANTY, LATE DELIVERY, FAILURE OF DELIVERY, OR OTHERWISE. THIS CLAUSE SHALL SURVIVE THE FAILURE OF AN EXCLUSIVE REMEDY.