ANY EXPRESS WRITTEN WARRANTY THAT TANAKA MAY ISSUE, IS THE SOLE AND EXCLUSIVE WARRANTY AS TO TANAKA’S MATERIALS AND PRODUCTS, EXTENDS ONLY TO THE INITIAL PURCHASER FROM TANAKA OR ITS AUTHORIZED DISTRIBUTOR, IS NOT TRANSFERABLE OR ASSIGNABLE, AND IS EXPRESSLY IN LIEU OF AND TANAKA EXPRESSLY DISCLAIMS TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW ANY OTHER WARRANTY, ORAL OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY ORAL OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

TANAKA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, DAMAGE, OR EXPENSE (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, INABILITY TO SELL, USE, OR LOSS OF USE OF ANY PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TANAKA, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF ANY WARRANTY OR CREATE ANY NEW WARRANTIES.

THE LIMITATIONS AS STATED HEREIN SHALL NOT PRECLUDE ANY LIABILITY WHICH UNDER APPLICABLE PRODUCTS LIABILITY LAW CANNOT LEGALLY BE PRECLUDED BY CONTRACT OR OTHERWISE.