5 Warranty and Liability
5.1 Except as otherwise agreed in a writing executed by both parties, the warranty period for purchased goods shall be one (1) year for parts, ninety (90) days for labor, each from delivery or, if acceptance is required, from acceptance.
5.2 The delivered goods must be carefully examined immediately after delivery to Customer or to a third-party designated by Customer. Delivered goods shall be deemed approved and accepted if JK does not receive a written notice of defects within four (4) business days of delivery of the goods.
5.3 At JK‘s sole and absolute discretion, all parts or services which show a material defect may be repaired, replaced, or provided again free of charge, provided that such defect was present at the time of the transfer of risk. JK shall be given the opportunity to remedy the defect within a reasonable period of time.
5.4 Warranty claims do not exist in the case of insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or damage arising after the transfer of risk as a result of faulty or negligent handling, excessive strain, unsuitable operating resources or as a result of special external influences not assumed under the contract, as well as in the case of non-reproducible software errors. If improper modifications, installation/removal or repair work is carried out by Customer or by third parties, no claims for defects shall exist for these improper modifications, installation/removal, or repair work, and the resulting consequences thereof.
5.5 JK MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, (INCLUDING REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, INTEGRATION, NON-INFRINGEMENT, OR TITLE) WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED HEREUNDER. JK MAKES NO REPRESENTATION, AND DOES NOT WARRANT, THAT ANY SUBSCRIPTION SERVICE WILL BE ERROR-FREE, VIRUS-FREE, OR FREE FROM DELAY.
5.6 Under no circumstances shall JK be liable towards Customer or third parties for compensation for any loss of production, loss of business opportunity or profit, loss of use or loss of chance to enter into contract, loss of or damage to data (except to the extent resulting directly and solely from JK’s breach of its obligations under Section 7.5), loss of goodwill, or for any consequential, indirect, incidental, special, exemplary, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damages were foreseeable and whether or not Customer has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
5.6 In no event shall JK’s total and aggregate liability out of or in connection with any Order, any delivered goods or services, or these Terms exceed the total amount paid to JK hereunder in the twelve (12) months preceding the earliest accrual of the applicable claim(s).
5.7 Customer shall indemnify, defend, and hold harmless JK and its affiliates and their respective officers, directors, shareholders, agents, employees, and representatives from and against any and all claims, losses, liens, demands, attorney fees, damages, liabilities, costs, expenses, obligations, causes of action, or suits (collectively, “Claims”) arising out of or resulting from the Data, any use of Customer’s End User Credentials, or Customer’s negligence or breach of these Terms.