B Series Degreaser Warranty
Rev G Page 6
Limitation of Liability
Buyer expressly agrees that, notwithstanding any other provision of this contract, under no
circumstances shall Seller’s total aggregate liability resulting from:
1. The performance, failure to perform or breach of Seller’s obligations; and
2. Any activity undertaken by Seller with regard to equipment and services covered by the
sales contract; and
3. All actions based on negligence of any kind, strict liability or tort on the part of Seller or its
suppliers; and
4. Otherwise, exceed the price paid by the Buyer for the product. 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 Exceptions
This warranty shall not apply to equipment subjected to misuse improper installation, alteration,
neglect, accident or improper repair.
This warranty is limited to the original purchaser and is not transferable.
No warranties expressed or implied have been made other than those stated herein. BRANSON
HEREBY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
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