DELTA warrants that its product(s) (Delphi Series DC/DC modules) sold to a buyer will be free from defects in materials (except for materials designated, provided or consigned by the buyer) and workmanship and will perform in accordance with the specifications for such Product for two (2) years following the date of manufacture. This warranty does not apply to any defect of the Products, which is resulted from (i) the buyer's modification of the Product, (ii) the combination, operation or use of the Product with any product, data or apparatus. (iii) anything the buyer provides to incorporate into the Product, (iv) DELTA's manufacture or modification of the Product in compliance with the buyer's design, tooling, specification, advice, approval, direction, indication, instruction, or using any of the buyer's designated or consigned material, component or part, and/or any components or materials purchased by the buyer from third parties; (v) abuse, accident, misuse, neglect, alteration, repair, disaster, or improper installation, testing, transportation, operation, storage or maintenance, or tampering, unusual deterioration or degradation of the Product or parts or materials thereof due to physical environment beyond the requirements of the product specification; (vi) any negligent or willful act, error or omission on the part of the buyer, its subsidiaries or affiliates or its designated third party in its subsequent resale of the Product, or (vii) a use for which the Product or part was not designed. If DELTA determines that the Product is defective as provided in the foregoing paragraph, DELTA will, at its option, repair or replace the defective Product or, if the defective Product is unable to repair or replace, credit all purchase prices paid by the buyer for such defective Products. To obtain a replacement or repaired Product under this warranty, the buyer must contact DELTA within the mutually agreed warranty period to obtain a Return Material Authorization and shipping instructions. The buyer must include the original packaging and pay all charges incurred in shipping the product back to DELTA. In shipping the product back to DELTA, the buyer assumes all risk of damage or loss in transit. If DELTA determines that the returned Product is defective, DELTA will pay any shipping charges in sending the replacement or repaired product to the buyer. THIS WARRANTY IS BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND IS IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. EXCEPT FOR THE EXPRESS WARRANTY STATED HEREIN, DELTA DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. IN NO EVENT SHALL DELTA BE LIABLE TO THE BUYER FOR ANY LOST PROFITS, LOST GOODWILL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT OR TORT LIABILITY, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall DELTA's total liability mentioned hereunder exceed the purchase prices paid by the buyer for the Products.