CITGO warrants that, at the time of delivery, its lubricants (the "Product") meet the specifications provided by CITGO, the packaging of the Product and/or the Product Information Sheets. In the event that the Product fails to conform to this warranty, CITGO shall be responsible for the replacement of the non-conforming Product and payment of the costs directly associated with the removal of the Product [Terms and Conditions apply], provided the following steps are performed:
CITGO MAKES NO OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, WHICH EXTEND BEYOND THOSE DESCRIBED HERE. CITGO EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CITGO IS NOT RESPONSIBLE FOR ANY LOST OR PROSPECTIVE PROFITS OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT LOSSES OR DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CITGO HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.