REMEDY FOR BREACH

With respect to any actual breach of the foregoing warranties (that is, any Good that is defective in materials or workmanship or that does not conform to applicable specifications at the time of retrieval and pick-up by Buyer), upon receipt by PMAD of Buyer’s written notification of such breach, PMAD shall remedy such breach at its own expense, provided that PMAD’s sole responsibility and Buyer’s sole remedy with respect to any such breach will be for PMAD to either (i) use commercially reasonable efforts to promptly repair or replace such defective or non-conforming Goods, or (ii) refund payments made by Buyer that are directly attributable to such defective or non-conforming Goods, in any case, at PMAD’s sole discretion. The Good warranty set forth herein does not apply to any Goods that (i) have been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by PMAD, (ii) have been altered by Persons other than PMAD or its authorized representatives; or (iii) have been used with any third-party products that has not been approved in writing by PMAD.