Algal’s Warranty. Algal warrants that all containers employed in the packaging of the Products will be free from defect up to such time that the Products are made available to RMI. If Products are destroyed or damaged due to a defect in packaging that existed prior to the time the Products are made available to RMI, Algal shall credit or refund to RMI the amount paid, if anything, for the portion of such Products that were destroyed or damaged, provided that RMI provides Algal with written notice, in reasonable detail, of the damage to the Products no later than thirty (30) days after the Availability Date and, if requested by Algal, RMI returns such authorized Products to Algal, at Algal’s risk and expense. Algal shall have no liability hereunder unless written notice with reasonable detail of the damage to the Products is delivered as set forth in this section. EXCEPT FOR THE FOREGOING WARRANTY, THERE ARE NO REPRESENTATIONS, WARRANTIES OR PROMISES MADE BY ALGAL IN CONNECTION WITH THE PRODUCTION OR SALE OF THE PRODUCTS HEREUNDER, AND ALGAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHICH IS HEREBY EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES SHALL ALGAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR EXEMPLARY LOSSES OR DAMAGES PERTAINING IN ANY WAY TO THE PRODUCTION OR SALE OF THE PRODUCTS UNDER THIS AGREEMENT, NOR SHALL ALGAL BE LIABLE OR RESPONSIBLE FOR OR WITH RESPECT TO ANY WARRANTY(IES), EXPRESS OR IMPLIED EXCEPT AS SET FORTH HEREIN. RMI’S SOLE AND EXCLUSIVE REMEDIES WITH RESPECT TO DEFECTIVE CONTAINERS AND BREACH OF WARRANTY ARE SET FORTH ABOVE.