Positex, Inc. warrants that its products are free from manufacturing defects, are fit for the ordinary purposes for which such goods are used, and conform to the descriptions stated herein or on the product labels or containers. Satisfactory results should be obtained if these products are used according to directions and recommendations of the buyer’s health care professionals. Unintended consequences may result because of such factors as improper use or placement of the product or use without consultation with a health care professional, all of which are beyond the control of Positex, Inc., or the seller. Inasmuch as Positex, Inc. has no control over the manner in which others may use its products, it does not guarantee the results to be obtained. All such risks shall be assumed by the buyer.

Should any Positex, Inc. or OPTP products fail to give satisfactory results, Positex, Inc. will replace the product, or, at its option, refund the purchase price paid for the product if the product was purchased directly from Positex, Inc.. This is the sole and exclusive remedy for any failure of any Positex, Inc. or OPTP products to perform as warranted. Because of the difficulty of estimating potential losses due to risks over which Positex, Inc. has no control, this remedy of replacement or refund shall also constitute liquidated damages in case of a loss. Under no circumstances shall the buyer be entitled to any other remedy or damages; remedies for incidental and consequential damaged are specifically excluded.