Subject to limitations hereinafter set forth, ShieldMark Inc warrants that all ShieldMark products sold to purchaser hereunder will be free of defects in workmanship and materials. In consideration of the express warranty and other items herein contained, purchaser agrees that ShieldMark Inc’s liability to purchaser on any claim, whether tort, contract, warranty, or otherwise, shall in no event exceed the purchase price hereunder. In no event shall ShieldMark, Inc be liable for incidental or consequential damages of any kind or nature whatsoever. ShieldMark warranties Mighty Line and Mighty Glow floor tapes will remain adhered to the floor for a period of 3 years provided that our floor tape is properly applied to a clean, warm (above 50degrees Fahrenheit), dry and smooth floor surface. Dragging or pushing skids over the top of Mighty Line or Mighty Glow floor tape will nullify the above warranty. In the event Mighty Line or Mighty Glow tape does not remain adhered to the floor for a period of 3 years, and the above application conditions have been met, and the floor tape removal was not caused by dragging or pulling of skids across the Mighty Line or Mighty Glow floor tape, ShieldMark Inc. will replace the non-conforming tape free of charge.