Custom Built Cases

 

Warranty Policy

Custom Case Company warrants that our custom built cases are free from defects in workmanship and materials. This warranty extends for the lifetime of the warranted product to the original purchaser. Any expressed warranty not provided herein, and/or any remedy for breach of contract which but for this provision might arise by implication or operation of law, is hereby excluded and disclaimed. Custom case Company will repair any defect in our manufactured product attributed to defective construction, workmanship or materials. Any damages caused by normal wear and tear, misuse, negligence, accident, tampering or otherwise, is not covered by our warranty and is the sole responsibility of the purchaser. Custom Case Company will not be liable for any direct, consequential or incidental damage arising from personal damage, loss or injury, either to person or property, caused by a product defect. This disclaimer includes but is not limited to damage to any instruments, components or equipment. Customer is responsible for all shipping, packing, insurance and other costs incurred other than labor and materials covered under this warranty. Custom Case Company has been manufacturing cases for over 34 years. We take pride in the quality of our work and our cases will provide many years of dependable service. Cases in general are subjected to all kinds of wear and tear over the course of their lifetime and may suffer the odd broken catch or handle or even a punctured panel by the occasional close encounter with a misdirected fork lift. Rest assured that just about anything can be replaced on a custom case whether or not it is covered under warranty. In the event you have a case which require's repair please contact us at 613-822-0620 or by email at info@customcaseco.ca


 

Pelican Products

Warranty Policy


INJECTION MOLDED CASES

PELICAN LIMITED LIFETIME GUARANTEE OF EXCELLENCE

Pelican Products, Inc. guarantees its injection molded products for a lifetime against breakage or defects in workmanship. Pelican™ injection molded cases are guaranteed to be watertight to a depth of 3.3 feet (1 meter) for 30 minutes (IP 67) if properly closed with undamaged o-ring in place unless otherwise stated. To the extent permitted by law, Pelican’s liability is limited to the case and not its contents or foam.

Pelican will either repair or replace any broken or defective part or case, at our sole option. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES HEREBY PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF THE PURCHASER.

TO THE EXTENT PERMITTED BY LAW: (A) THIS WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (B) ALL OTHER IMPLIED WARRANTIES AND ANY LIABILITY NOT BASED UPON CONTRACT ARE HERBY DISCLAIMED AND EXCLUDED.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PELICAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR SPECIAL DAMAGES, REGARDLESS OF WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE. To the extent permitted by law, in no event shall Pelican’s liability to the purchaser for damages hereunder exceed the purchase price of the case in respect of which damages are claimed.

To make a warranty claim, the purchaser must contact Pelican Products, Inc.Telephone 866-273-5422
Customers in Canada may send warranty repairs to Pelican Products Inc Canada, Attn: Warranty, 10221-184 Street, Edmonton, Alberta T5S 2J4

Please note that Custom Case Company can also return a product to the manufacturer for warranty claims on your behalf. The customer is responsible for all shipping and handling costs.

Any warranty claims shall be made by the purchaser as soon as practicable. The purchaser must obtain a return authorization number from Pelican Customer Service prior to returning any case, and is responsible for paying for all warranty freight costs. If Pelican determines that any returned case is not defective, within the terms of this warranty, the purchaser shall pay Pelican all costs of handling, return freight and repairs at Pelican’s prevailing rates.

All warranty claims of any nature are barred if the case has been altered, damaged or in any way physically changed, or subjected to abuse, misuse, negligence or accident.

Some states and countries do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state and country to country.

 

Lifetime Guarantee does not cover Roto Molded cases, AALG products or fabric portion of backpacks. Refer to www.pelican.com/warranty for full details.

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ROTO MOLDED CASES

PELICAN 1 YEAR LIMITED WARRANTY FOR ROTO MOLDED CONTAINERS

Pelican Products, Inc. (“Pelican”) warrants to the original purchaser of its rotationally molded containers that its containers will be free of defects in materials and workmanship for a period of one year from the date of invoice. Such warranty does not cover any associated hardware including closure hardware, retractable handles, wheels, and fasteners, which Pelican warrants against defects in materials and workmanship for a period of 90 days from the invoice date.

TO THE EXTENT PERMITTED BY LAW: (A) THIS WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (B) ALL OTHER IMPLIED WARRANTIES AND ANY LIABILITY NOT BASED UPON CONTRACT ARE HERBY DISCLAIMED AND EXCLUDED.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PELICAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR SPECIAL DAMAGES, REGARDLESS OF WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE. To the extent permitted by law: Pelican’s liability is limited to the case and not its contents and in no event shall Pelican’s liability to the purchaser for damages hereunder exceed the purchase price of the containers in respect of which damages are claimed.

With valid dated proof of purchase, Pelican will either repair or replace any defective part or container, at our sole option. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES HEREBY PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF THE PURCHASER. Any repaired or replacement part or container is covered only for the unexpired portion of the warranty on the original product purchased.

To make a warranty claim, the purchaser must contact Pelican Products, Inc.Telephone 866-273-5422
Customers in Canada may send warranty repairs to Pelican Products Inc Canada, Attn: Warranty, 10221-184 Street, Edmonton, Alberta T5S 2J4

Please note that Custom Case Company can also return a product to the manufacturer for warranty claims on your behalf. The customer is responsible for all shipping and handling costs.

Any warranty claims shall be made by the purchaser as soon as practicable and in no event more then twelve months from the date of purchase. The purchaser must provide valid dated proof of purchase and obtain a return authorization number from Pelican Customer Service prior to returning any container, and is responsible for paying for all warranty freight costs. If Pelican determines that any returned container is not defective, within the terms of this warranty, the purchaser shall pay Pelican all costs of handling, return freight and repairs at Pelican’s prevailing rates.

All warranty claims of any nature are barred if the container has been altered, damaged or in any way physically changed, or subjected to abuse, misuse, negligence or accident.

Some states and countries do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state and country to country.

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FLASHLIGHTS

PELICAN LIMITED LIFETIME GUARANTEE OF EXCELLENCE

Pelican Products, Inc. guarantees its lights for a lifetime against breakage or defects in workmanship. This guarantee does not cover the lamp or batteries.

Pelican will either repair or replace any defective product, at our sole option. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES HEREBY PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF THE PURCHASER.

TO THE EXTENT PERMITTED BY LAW: (A) THIS WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (B) ALL OTHER IMPLIED WARRANTIES AND ANY LIABILITY NOT BASED UPON CONTRACT ARE HERBY DISCLAIMED AND EXCLUDED.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PELICAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR SPECIAL DAMAGES, REGARDLESS OF WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE. To the extent permitted by law, in no event shall Pelican’s liability to the purchaser for damages hereunder exceed the purchase price of the product in respect of which damages are claimed.

To make a warranty claim, the purchaser must contact Pelican Products, Inc.Telephone 866-273-5422
Customers in Canada may send warranty repairs to Pelican Products Inc Canada, Attn: Warranty, 10221-184 Street, Edmonton, Alberta T5S 2J4

Any warranty claims shall be made by the purchaser as soon as practicable. The purchaser must obtain a return authorization number from Pelican Customer Service prior to returning any product, and is responsible for paying for all warranty freight costs. If Pelican determines that any returned product is not defective, within the terms of this warranty, the purchaser shall pay Pelican all costs of handling, return freight and repairs at Pelican’s prevailing rates.

All warranty claims of any nature are barred if the flashlight has been altered, damaged or in any way physically changed, or subjected to abuse, misuse, negligence or accident.

Some states and countries do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state and country to country.

Lifetime Guarantee does not cover Roto Molded cases, AALG products or fabric portion of backpacks. Refer to www.pelican.com/warranty for full details.

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REMOTE AREA LIGHTING SYSTEMS

PELICAN 1 YEAR LIMITED WARRANTY FOR AALG PRODUCTS

Pelican Products, Inc. (“Pelican”) warrants to the original purchaser its Remote Area Lighting Systems (RALS) and all other products manufactured by the Advanced Area Lighting Group (AALG) against defects in materials and workmanship under normal use, service, and maintenance for a period of twelve months from the date of purchase. This warranty applies only to the original purchaser and is not transferable.

TO THE EXTENT PERMITTED BY LAW: (A) THIS WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (B) ALL OTHER IMPLIED WARRANTIES AND ANY LIABILITY NOT BASED UPON CONTRACT ARE HEREBY DISCLAIMED AND EXCLUDED.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PELICAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR SPECIAL DAMAGES, REGARDLESS OF WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE. To the extent permitted by law, in no event shall Pelican’s liability to the purchaser for damages hereunder exceed the purchase price of the product in respect of which damages are claimed.

With valid dated proof of purchase, Pelican will either repair or replace ay defective part, at our sole option. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES HEREBY PROVIDED SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF THE ORIGINAL PURCHASER. Any repaired or replacement part or unit is covered only for the unexpired portion of the warranty on the original product purchased.

To make a warranty claim, the purchaser must contact Pelican Products, Inc.Telephone 866-273-5422
Customers in Canada may send warranty repairs to Pelican Products Inc Canada, Attn: Warranty, 10221-184 Street, Edmonton, Alberta T5S 2J4

Any warranty claims shall be made by the purchaser as soon as practicable and in no event more than twelve months from the date of purchase. The purchaser must provide valid dated proof of purchase and obtain a return authorization number from Pelican Customer Service prior to returning any product, and is responsible for paying for all warranty freight costs. If Pelican determines that any returned product is not defective, within the terms of this warranty, the purchaser shall pay Pelican all costs of handling, return freight and repairs at Pelican’s prevailing rates.

All warranty claims of any nature are barred if the product has been altered or in any way physically changed, or subjected to abuse, misuse, negligence or accident.

Some states and countries do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state and country to country.

In Australia: The benefits provided to you under this warranty are in addition to your rights and remedies as a consumer under the Competition and Consumer Act 2010 (Cth). Nothing in this warranty limits the rights or obligations of a party under provisions of the Competition and Consumer Act 2010 (Cth) in relation to the supply to consumers of goods which cannot be limited, modified or excluded. If applicable, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If you are not a consumer under the Competition and Consumer Act 2010 (Cth), then your rights may be limited. To make a warranty claim, the purchaser must contact Pelican Products Australia, Suite 2.33, West Wing, Platinum Bldg., Erina NSW 2250, Tel: +612 4367 7022. Any warranty claims shall be made by the purchaser as soon as practicable. The purchaser must obtain a return authorization number from Pelican Customer Service prior to returning any product, and is responsible for paying for all warranty freight costs. If Pelican determines that any returned product is not defective, within the terms of this warranty, the purchaser shall pay Pelican all costs of handling, return freight and repairs at Pelican’s prevailing rates. In the event that Pelican determines that any returned product is defective, within the terms of this warranty, Pelican shall pay the purchaser all reasonable costs of the purchaser in making claim under this warranty.

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BACKPACKS

PELICAN BACKPACK LIMITED GUARANTEE

Pelican Products, Inc. (“Pelican”) guarantees that its backpacks will be free of defects in workmanship and materials according to the following:

Pelican™ injection molded hard case compartment (when present) is guaranteed for a lifetime against breakage or defects in workmanship. Pelican injection molded cases are guaranteed to be watertight to a depth of 3.3 feet (1 meter) for 30 minutes (IP 67) if properly closed with undamaged o-ring in place unless otherwise stated. To the extent permitted by law, Pelican’s liability is limited to the backpack and not its contents.

Pelican warrants to the original purchaser that the fabric backpack will be free of defects in materials and workmanship for a period of one year from the date of invoice.

Pelican will either repair or replace any defective part, case, or backpack, at our sole option. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES HEREBY PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF THE PURCHASER. Any repaired or replacement part or fabric portion of the backpack is covered only for the unexpired portion of the warranty on the original product purchased.

TO THE EXTENT PERMITTED BY LAW: (A) THIS WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (B) ALL OTHER IMPLIED WARRANTIES AND ANY LIABILITY NOT BASED UPON CONTRACT ARE HERBY DISCLAIMED AND EXCLUDED.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PELICAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR SPECIAL DAMAGES, REGARDLESS OF WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE. To the extent permitted by law, in no event shall Pelican’s liability to the purchaser for damages hereunder exceed the purchase price of the backpack in respect of which damages are claimed.

To make a warranty claim, the purchaser must contact Pelican Products, Inc.Telephone 866-273-5422
Customers in Canada may send warranty repairs to Pelican Products Inc Canada, Attn: Warranty, 10221-184 Street, Edmonton, Alberta T5S 2J4

Any warranty claims shall be made by the purchaser as soon as practicable and in no event more than twelve months from the date of purchase where the warranty claim relates to the fabric backpack. Claims relating to the fabric backpack also require a valid dated proof of purchase. The purchaser must obtain a return authorization number from Pelican Customer Service prior to returning any backpack, and is responsible for paying for all warranty freight costs. If Pelican determines that any returned backpack is not defective, within the terms of this warranty, the purchaser shall pay Pelican all costs of handling, return freight and repairs at Pelican’s prevailing rates.

All warranty claims of any nature are barred if the backpack has been altered, damaged or in any way physically changed, or subjected to abuse, misuse, negligence or accident.

Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state and country to country.

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COOLERS

PELICAN LIMITED LIFETIME GUARANTEE OF EXCELLENCE

Pelican Products, Inc. (“Pelican”) guarantees its coolers for a lifetime against breakage or defects in workmanship. To the extent permitted by law, Pelican’s liability is limited to the cooler and not its contents. This lifetime guarantee does not cover rubber feet, drain plug/spigot, gasket, or other cooler accessories, which Pelican warrants against defects in materials and workmanship for a period of 90 days from the date of purchase. Pelican coolers are not intended for the storage or transportation of hazardous substances.

Pelican will either repair or replace any defective part at our sole option. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES HEREBY PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF THE PURCHASER.

TO THE EXTENT PERMITTED BY LAW: (A) THIS WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (B) ALL OTHER IMPLIED WARRANTIES AND ANY LIABILITY NOT BASED UPON CONTRACT ARE HERBY DISCLAIMED AND EXCLUDED.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PELICAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR SPECIAL DAMAGES, REGARDLESS OF WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE. In no event shall Pelican’s liability to the purchaser for damages hereunder exceed the purchase price of the cooler in respect of which damages are claimed.

To make a warranty claim, the purchaser must contact Pelican Products, Inc.Telephone 866-273-5422
Customers in Canada may send warranty repairs to Pelican Products Inc Canada, Attn: Warranty, 10221-184 Street, Edmonton, Alberta T5S 2J4

Any warranty claims shall be made by the purchaser as soon as practicable. The purchaser must obtain a return authorization number from Pelican Customer Service prior to returning any cooler, and is responsible for paying for all warranty freight costs. If Pelican determines that any returned cooler is not defective, within the terms of this warranty, the purchaser shall pay Pelican all costs of handling, return freight and repairs at Pelican’s prevailing rates.

All warranty claims of any nature are barred if the cooler has been altered, damaged or in any way physically changed, or subjected to abuse, misuse, negligence or accident.

Some states and countries do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state and country to country.

Lifetime Guarantee does not cover Roto Molded cases, AALG products, or fabric portion of backpacks. Refer to www.pelican.com/warranty for full details.


Underwater Kinetics

Limited Lifetime Warranty

Underwater Kinetics products are engineered for maximum performance and durability. All products carry a Limited Lifetime Warranty to the original retail purchaser to be free from defective material and workmanship under normal and intended use. In addition, the Underwater Kinetics Limited Warranty covers materials used in its products to the original purchaser, from the date of purchase, as follows: plastics for 10 years; rubber for 3 years, LED and electronics for 1 year, rechargeable batteries for 90 days and lamps for 30 days.

In the event the original retail purchaser detects a defect in the material or workmanship, the product along with proof of purchase date should be returned to an authorized Underwater Kinetics dealer or directly to Underwater Kinetics 1 (858) 513-9100 ext. 244 with the postage prepaid. Underwater Kinetics agrees to repair or replace at Underwater Kinetics' sole discretion any product found to be defective in material or workmanship within the time period specified above. All return items must display a valid RMA number.

Please note that Custom Case Company can also return a product to the manufacturer for warranty claims on your behalf. The customer is responsible for all shipping and handling costs.


Plasticase / Nanuk Warranty

LIFETIME LIMITED WARRANTY AND DISCLAIMER

Plasticase, Inc. (“Plasticase”) warrants that the NANUK case accompanying this document (the "Case") will be free from defects in material and workmanship for the life of the Case, subject to the terms and conditions of this Limited Warranty and Disclaimer (the “Warranty”).

1. Returns The customer must contact Plasticase in the event he or she believes the Case is defective and covered by this Warranty in order to open a warranty claim. Call Plasticase at 1-800-783-6883 between 9:00 a.m. to 5:00 p.m. Eastern Time, Monday through Friday to speak with a customer service representative. In some instances, it may be determined that parts can be easily installed by the customer and Plasticase reserves the right to ship replacement parts directly to the customer for installation. Otherwise, the customer must pay for shipping the Case to Plasticase at 1059 Boulevard des Entreprises Ouest, Terrebonne, QC J6Y 1V2, Canada, for inspection. If the Case is defective, as determined solely by Plasticase after an inspection, the shipping costs will be refunded if proof of shipping is provided. No refunds of shipping costs will be made if the Case is not defective.

Please note that Custom Case Company can also return a product to the manufacturer for warranty claims on your behalf. The customer is responsible for all shipping and handling costs.

2. Repair or Replacement Plasticase’s obligation under this Warranty is limited, at its sole and exclusive option, to either the repair or replacement of the Case where a defect has been claimed and is determined by Plasticase to be present. Upon inspection by Plasticase, the Case or parts thereof that prove to be defective will be repaired or replaced at no charge, and the Case will be shipped back to the customer by Plasticase.

3. Limitation of Warranty The Warranty herein applies only to the original customer and is conditional upon the customer giving prompt notice to Plasticase of any discovered defects. Plasticase shall not be responsible for any other defects or damage, including, but not limited to, any defects or damage caused by or resulting from: (a) alterations to the Case by anyone other than Plasticase; (b) accident; (c) damage due to an intentional or negligent act of a third party; (d) abuse or negligence; (e) wear and tear.; (f) mishandling; (g) failure to use the Case in a safe and reasonable manner, or (h) force majeure. If the Case, in the judgment of Plasticase, shows evidence of having been altered, modified or repaired without the authorization of Plasticase, the Warranty herein shall not apply. THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. PLASTICASE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4. Liability Plasticase’s cumulative liability for damages of any kind whatsoever arising out of the use or possession of the Case, regardless of the form of action, whether in contract or tort, including negligence or strict liability, shall be limited to the purchase price of the Case. IN NO EVENT SHALL PLASTICASE BE LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR POSSESSION OF THE CASE, INCLUDING THE VALUE OF THE CONTENTS OF THE CASE, WHETHER OR NOT PLASTICASE HAS RECEIVED NOTICE OF THE POSSIBILITY OR CERTAINTY OR SUCH DAMAGES OR LOSSES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.