WARRANTY AND LIMITATION OF LIABLITY: K2 GUARANTEES THAT SUPPLIED GOODS AND PRODUCTS SHALL BE FREE FROM DEFECTS WHICH ARE PROVED TO BE SOLELY DUE TO THE SUPPLIER’S WORKMANSHIP AND MATERIALS EVEN IF K2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. PURCHASER SOLE REMEDY FOR ANY BREACH OF WARRANTY CLAIM WILL BE REPLACEMENT, REPAIR OR CREDIT FOR THE DEFECTIVE PRODUCT SOLD BY K2. IF, NOTWITHSTANDING THE FOREGOING, K2 IS REQUIRED TO PAY DAMAGES, THE MAXIMUM AMOUNTS K2 MAY BE REQUIRED TO PAY FOR ANY AND ALL CAUSES, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, AND REGARDLESS OF THE FORM OF THE ACTION IN THE AGGREGATE, SHALL BE LIMITED IN AMOUNT TO THE PAYMENTS MADE BY THE PURCHASER TO K2 FOR THE SPECIFIC PRODUCTS TO WHICH K2’S LIABILITY RELATES.
PURCHASER HAS BEEN INFORMED THAT THE ITEMS MAY MALFUNCTION OR BECOME UNSTABLE WHEN SUBJECTED TO (i) WET CONDITIONS, (ii) AN IMPACT FORCE OR SHOCK GREATER THAN THAT SET FORTH IN RELEVANT SPECIFICATIONS, (iii) PUNCTURE OR OTHER EVENT PENETRATING THE CANISTER, (iv) SHORTING OF THE BATTERY; (v) OVER CHARGING; (vi) OVER DISCHARGING OR (vi) ANY OTHER CONDITIONS DIFFERENT FROM THOSE FOR WHICH THE ITEMS WERE ORIGINALLY DESIGNED, AND THAT PURCHASER SHOULD TAKE PROPER STEPS TO PROTECT THE PRODUCTS AND ITEMS INSIDE THE PRODUCTS FROM SUCH CONDITIONS.