Baylis RFP-100A

THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND

IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, OBLIGATIONS

AND LIABILITIES OF BAYLIS MEDICAL, EXPRESSED OR IMPLIED,

INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY

AND FITNESS FOR A PARTICULAR USE OR PURPOSE. ANY

WARRANTY OTHER THAN SET FORTH HEREIN IS EXPRESSLY

DISCLAIMED.

THE REMEDY SET FORTH HEREIN SHALL BE THE EXCLUSIVE

REMEDY FOR ANY WARRANTY CLAIM, AND ADDITIONAL

DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES OR DAMAGES

FOR BUSINESS INTERRUPTION OR LOSS OF PROFIT, REVENUE,

MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT,

GOODWILL OR THE LIKE (WHETHER DIRECT OR INDIRECT IN

NATURE) OR FOR ANY OTHER FORM OF INCIDENTAL, OR

INDIRECT DAMAGES OF ANY KIND, SHALL NOT BE AVAILABLE.

THESE PRODUCTS ARE BEING SOLD ONLY FOR THE PURPOSE

DESCRIBED HEREIN, AND SUCH WARRANTY ONLY RUNS TO THE

PURCHASER. IN NO EVENT SHALL BAYLIS MEDICAL BE LIABLE

FOR ANY BREACH OF WARRANTY IN ANY AMOUNT EXCEEDING

THE PURCHASE PRICE OF THE PRODUCT. SELLER'S MAXIMUM

CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND

LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY,

WHETHER OR NOT INSURED, WILL NOT EXCEED THE COST OF THE

PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY. SELLER

DISCLAIMS ALL LIABILITY RELATIVE TO GRATUITOUS

INFORMATION OR ASSISTANCE PROVIDED BY, BUT NOT

REQUIRED OF SELLER HEREUNDER. ANY ACTION AGAINST

SELLER MUST BE BROUGHT WITHIN EIGHTEEN (18) MONTHS

AFTER THE CAUSE OF ACTION ACCRUES. THESE DISCLAIMERS

AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF

ANY OTHER CONTRARY PROVISION HEREOF AND REGARDLESS

OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT

(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR

OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF

SELLER'S VENDORS, APPOINTED DISTRIBUTORS AND OTHER

AUTHORIZED RESELLERS AS THIRD-PARTY BENEFICIARIES.

EACH PROVISION HEREOF WHICH PROVIDES FOR A LIMITATION

OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION OR

EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF

ANY OTHER PROVISION AND IS TO BE ENFORCED AS SUCH.

Baylis RFP-100A - Page 47