The aforementioned provisions do not extend the original warranty period of any Product that had either been repaired or replaced by Symbol. The stated express warranties are in lieu of all obligations or liabilities on the part of Symbol for damages, including but not limited to, special, indirect or consequential damages arising out of or in connection with the use or performance of the product or service. Symbol's liability for damages to Buyer or others resulting from the use of any Product or service furnished hereunder shall in no way exceed the purchase price of said Product or the fair market value of said service, except in instances of injury to persons or property. No Product will be accepted for return with a Return Authorization from Symbol. Custom Product cannot be returned.
Buyer remains liable for the original freight charges.
Shipping dates acknowledged by Symbol are approximate and Symbol will not be liable for any loss or damage due to its failure to meet scheduled shipping dates. Symbol shall in no event be liable for any delay or default in its performance of any obligation under this Agreement caused directly or indirectly by an act or omission of Buyer, fire, flood, act of God, acts of Government, an act or omission of civil or military authority of a state or nation, strike, lockout or other labor problem, inability to secure, delay in securing or shortage of labor, materials, supplies, transportation or energy, failures of subcontractors or suppliers, or by war, riot, embargo or civil disturbance, breakdown, or destruction of plant or equipment arising from any cause whatsoever, or any cause or causes beyond Symbol's reasonable control. At Symbol's option and following notice to Buyer, any of the foregoing causes shall be deemed to suspend such obligations of Symbol as long as any such cause shall prevent or delay performance, and Symbol agrees to make and Buyer agrees to accept performance of such obligations whenever such cause has been remedied. If legal proceedings are commenced to resolve a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all of its costs, attorney fees, and expert witness fees, including any cost or attorney fees in connection with any appeals. The Agreement constitutes the entire Agreement between Buyer and Symbol as to the subject matter stated herein, and no attempted variation, modification or waiver of any provision of this Agreement shall have any force or effect unless consented to in writing signed by the party against whom enforcement thereof is sought.