Limitation of liability
Buyer expressly agrees that, notwithstanding any other provision of this
contract, under no circumstances shall Seller's total aggregate liability
exceed the price paid for the product if the liability results from the
following:
1.
The performance, failure to perform or breach of Seller's obligations
herein
2.
Any activity undertaken by Seller with regard to equipment and
services covered by this contract
3.
All actions based on negligence of any kind, strict liability or tort on
the part of Seller or its suppliers
4.
Otherwise.
BUYER EXPRESSLY AGREES THAT SELLER WILL NOT BE LIABLE UNDER
ANY THEORY OF LIABILITY FOR ANY DIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION,
THE LOSS OF USE, INCOME, PROFITS OR PRODUCTION; INCREASED
COST OF OPERATION; OR DAMAGE TO MATERIAL, ARISING IN
CONNECTION WITH THE SALE, INSTALLATION, USE OF, INABILITY TO
USE, OR THE REPAIR OR REPLACEMENT OF SELLER'S PRODUCTS. Buyer
shall indemnify and hold Seller harmless for any liability to Buyer's
employees, workers, contractors or any other persons beyond the
limitation provided in this section.
Limitation on Claims and Actions
Any claim by Buyer for breach of the foregoing warranty shall be deemed
waived by Buyer unless submitted to Seller in writing within thirty (30)
days from the date Buyer discovered or by reasonable inspection should
have discovered the alleged breach. Any cause of action for breach of the
foregoing warranty shall be brought within one year after the cause of
action has accrued.
Warranty
iv
9001W+
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