6.1 Each Product is warranted to correspond with its specification (as contained in the materials sent with the Product, or if no such materials are so provided, the specifications for such Product posted on MyBio's online catalogue) at the time of delivery and to be free from material defects.
6.2 The warranties in these Terms are in lieu of all other warranties, express or implied, including, without limitation, any warranties of merchantability, non-infringement or fitness for a particular purpose, said warranties being expressly excluded to the fullest extent permitted by law. Warranty as to title in section 12(1) of the Sale of Goods Act 1893 is not excluded.
6.3 Buyer agrees that its sole and exclusive remedy against MyBio shall be limited to the repair and replacement of Products or parts of Products, provided MyBio is promptly notified in writing of the defect, and at the latest within 3 months from the date of delivery of the relevant Product. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as MyBio is willing and able to repair or replace the Products or parts of Products; and in any event, MyBio's liability for any loss or damages suffered by Buyer shall be limited to the purchase price of the Products. This paragraph states Buyer’s sole and exclusive remedy for breach of warranty.
6.4 Applications mentioned in MyBio's literature are provided for informational purposes only. MyBio does not warrant that all or any applications have been tested in MyBio laboratories using Products.
6.5 The statute of limitations applicable to all claims arising under these Terms shall be one (1) year from the date the claim accrues.
6.6 The maximum liability, if any, of MyBio for all direct damages, including, without limitation, contract damages and damages for injuries to persons or property, whether arising from MyBio’s breach of these Terms, breach of warranty, negligence, strict liability, or other tort with respect to the Products, or any services in connection with the Products, is limited to an amount not to exceed the price of the Products. In no event shall MyBio be liable to Buyer for any incidental, consequential or special damages, including, without limitation, lost revenues and profits, even if it has been advised of the possibility of such damages. The right to recover damages within the limitations specified is Buyer’s exclusive alternative remedy in the event that any other contractual remedy fails of its essential purpose.
6.7 Where in these Terms MyBio excludes or limits its liability in respect of any loss or damage, MyBio does not intend or purport thereby to exclude or limit liability for death or personal injury resulting whether wholly or in part from MyBio’s own negligence or that of its employees or agents where MyBio is not permitted by law to exclude such liability.