Unless otherwise authorized in advance by TFS, only Merchandise that is defective and otherwise is subject to a valid warranty claim may be returned. In the absence of a valid warranty claim, theTFS will consider authorization of the return of Merchandise only if the request is made within seven (7) days after the date of delivery to you of the Merchandise.
LIMITATION OF LIABILITY
THE LIABILITY OF TFS OUT THE SUPPLYING OR SELLING OF THE MERCHANDISE, OR ITS USE BY YOU OR YOUR CUSTOMER, AND WHETHER BASED UPON BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE PURCHASE PRICE OF THE MERCHANDISE. THE REMEDIES SET FORTH ABOVE SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF YOU AND THE SOLE AND EXCLUSIVE LIABILITY OF THE TFS WHETHER THE CLAIMS ARE BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL THE TFS BE LIABLE TO YOU OR YOUR CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER BASED UPON LOST GOODWILL, LOST RESALE PROFITS, WORK STOPPAGE, PROPERTY DAMAGE, LOSS OF USE, EXPENSES OF RECALL, OR OTHERWISE.