SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES,
INCLUDING, WITHOUT LIMITATION, COSTS, EXPENSES, OR LIABILITIES ASSOCIATED WITH
ENVIRONMENTAL CONTAMINATION, FINES OR PENALTIES, FIRES, EXPLOSIONS, OR ANY
OTHER CONSEQUENCES ALLEGEDLY ATTRIBUTABLE TO A BREACH OF THE WARRANTY OR
DAMAGES UNDER DECEPTIVE TRADE PRACTICES OR SIMILAR CONSUMER PROTECTION
ACTS. THE FOREGOING CONSTITUTES GREEN TURTLE’S EXCLUSIVE OBLIGATION.
(f) Customer assumes the risk of and agrees to indemnify Green Turtle against and hold
Green Turtle harmless from all liability relating to (i) assessing the suitability for
Customer’s intended use of the PHIX Cartridge System and of any system design or
drawing and (ii) determining the compliance of Customer’s use of the PHIX Cartridge
System with applicable laws, regulations, codes and standards. For PHIX Cartridge
Systems resold by Customer, Customer retains and accepts full responsibility for all
warranty and other claims relating to, or arising from, Customer’s PHIX Cartridge System
which include or incorporate PHIX Cartridge System or components manufactured or
supplied by Green Turtle, and Customer is solely responsible for any and all
representations and warranties regarding the PHIX Cartridge System made or
authorized by Customer. Customer will indemnify Green Turtle and hold Green Turtle
harmless from any liability, claims, loss, cost or expenses (including reasonable legal
fees) attributable to Customer’s PHIX Cartridge System or representations or warranties
concerning same.
(d) Within a reasonable time after verification by Green Turtle that the PHIX Cartridge
System fails to meet the warranty set forth above, Green Turtle shall correct such failure
by, at Green Turtle’s option, either (i) modifying or repairing the PHIX Cartridge System
or (ii) replacing the PHIX Cartridge System. If Green Turtle is unable to modify, repair or
replace a PHIX Cartridge System to conform to the warranty set forth above, then
Green Turtle shall, at Green Turtle’s option, either refund to Customer or credit to
Customer’s account the purchase price of the PHIX Cartridge System less depreciation
calculated on a straight-line basis over Green Turtle’s stated Warranty Period. Warranty