LIMITED WARRANTY; DISCLAIMER. Acera warrants for a period of forty-five (45) days after the date of delivery that the Products will be free from defects in materials and workmanship; provided that Customer notifies Acera in writing of any claim of a defect within such forty-five (45) day period. Acera’s sole obligation with respect to any such defects shall be to provide, at no additional charge, replacement units of the Products; provided, however, that in Acera’s sole judgment, the defects did not result from Customer’s mishandling or storage of the Products. Acera is not responsible for and shall have no obligation to reimburse Customer or re-supply replacement Product at no charge in the event of Customer’s misuse, unauthorized alterations, accident, neglect, or improper storage. Acera’s liability for any claim with respect to the Products will not exceed the cost of replacing the Products found to be defective. This warranty is in lieu of other warranties or conditions expressed or implied, statutory or otherwise.
THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY ACERA IN CONNECTION WITH THE PRODUCTS AND IS, WHERE PERMITTED BY LAW, IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, GUARANTEES, REPRESENTATIONS, OBLIGATIONS AND LIABILITIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE PRODUCT, HOWEVER ARISING (WHETHER BY CONTRACT, TORT, NEGLIGENCE, PRINCIPLES OF MANUFACTURER’S LIABILITY, OPERATION OF LAW, CONDUCT, STATEMENT OR OTHERWISE), INCLUDING WITHOUT RESTRICTION ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT REQUIRED UNDER APPLICABLE LAW TO APPLY TO THE PRODUCT SHALL BE LIMITED IN DURATION TO THE PERIOD STIPULATED UNDER THIS LIMITED WARRANTY. IN NO EVENT WILL ACERA BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS OR EXPENSES HOWEVER ARISING WHETHER IN CONTRACT OR TORT INCLUDING WITHOUT RESTRICTION ANY ECONOMIC LOSSES OF ANY KIND, ANY LOSS OR DAMAGE TO PROPERTY, ANY PERSONAL INJURY, ANY DAMAGE OR INJURY ARISING FROM OR AS A RESULT OF MISUSE OR ABUSE, OR THE INCORRECT STORAGE, HANDLING OR USE OF THE PRODUCT.
INDEMNITY. Customer, on behalf of itself and Customer Participants, shall indemnify, hold harmless, and defend Acera and its, officers, directors, shareholders, employees, agents, and affiliates against any third party claims, losses, damages, liabilities, claims, actions, judgments, settlements, penalties, fines, costs, or expenses (including reasonable attorneys' fees) incurred by an Acera arising out of or relating to Customer’s or Customer Participant’s negligent act or omission (including medical malpractice) in connection with the storage, handling or use of the Product.