PPG warrants with respect to the Tablets only PPG’s title to them and that they will conform to PPG's published specifications and will be merchantable at the time of shipment (the “Tablet Warranties”). The scope, content and duration of PPG’s warranties with respect to the System will be as set forth in and limited to the express written warranty provided by PPG with the actual System supplied by PPG to the SPECIALIST (the “System Warranties”); any such System Warranties being incorporated herein by reference.
THE TABLET WARRANTIES AND SYSTEM WARRANTIES ARE THE ONLY REPRESENTATIONS OR WARRANTIES THAT PPG MAKES AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES UNDER STATUTE OR ARISING OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SYSTEMS AND TABLETS ARE DISCLAIMED. IN THE EVENT A TABLET FAILS TO CONFORM TO THE TABLET WARRANTIES OR SYSTEM FAILS TO CONFORM TO THE SYSTEM WARRANTIES, PPG’S EXCLUSIVE OBLIGATION AND SPECIALIST’S EXCLUSIVE REMEDY SHALL BE LIMITED TO: (i) WITH RESPECT TO A SYSTEM, AT PPG’S OPTION, THE FURNISHING OF NEEDED REPLACEMENT PARTS OR THE FURNISHING OF A NEW SYSTEM (BUT THIS DOES NOT INCUDE INSTALLATION OR THE COSTS FOR INSTALLATION), UNLESS OTHERWISE EXPRESSLY STATED IN THE APPLICABLE SYSTEM WARRANTIES; AND, (ii) WITH RESPECT TO THE TABLETS, AT PPG’S OPTION, REPLACEMENT OF THE NONCONFORMING TABLETS OR A REFUND OF THE PURCHASE PRICE ATTRIBUTABLE TO A SPECIFIED DELIVERY AS TO WHICH CLAIM IS MADE AND TRANSPORTATION CHARGES THEREON. EXCEPT AS PROVIDED IN THE IMMEDIATELY PRECEDING SENTENCE, IN NO EVENT WILL PPG BE LIABLE UNDER ANY THEORY OF RECEOVERY (WHETHER BASED ON NEGLIGENCE OF ANY KIND, STRICT LIABILITY OR TORT) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO ANY USE MADE OF THE SYSTEMS OR TABLETS.