Page 26/26IOM Single Case BiRotor Plus R06
Brodie International
P.O. Box 450 (30459-0450)
19267 Highway 301 North
Statesboro, GA 30461
USA
Phone: +1 (912) 489-0200
Fax: +1 (912) 489-0294
3. Limitation of remedy and liability
Brodie International, a Brodie Meter Co., LLC Company
(“Brodie”) shall not be liable for damages caused by delay
in performance.
The sole and exclusive remedy for breach of warranty
hereunder shall be limited to repair, correction,
replacement or refund of purchase price under the limited
warranty clause in Section 1 herein.
In no event, regardless of the form of the claim or cause of
action (whether based in contract, infringement,
negligence, strict liability, other tort or otherwise), shall
“Brodie’s” liability to buyer and/or its
customers exceed the price to buyer of the specifi c goods
manufactured or services provided by Brodie giving rise to
the claim or cause of action.
Buyer agrees that in no event shall Brodie’s liability to
buyer and/or its customers extend to include incidental,
consequential or punitive damages.
The term “consequential damages” shall include, but not
be limited to, loss of anticipated profi ts, loss of use, loss of
revenue and cost of capital.
11.1 - Limited Warranty Continued
This limited warranty is the only warranty made by
Brodie and can be amended only in a writing signed
by an authorized representative of Brodie.
Except as otherwise expressly provided in the Agree-
ment, there are no representations or warranties of
any kind, expressed or implied, as to merchantability,
fi tness for a particular purpose, or any other matter
with respect to any of the goods or services.
It is understood that corrosion or erosion of materi-
als is not covered by our guarantee unless the Buyer
has notifi ed the Seller the product will be used in an
environment conducive to corrosion and/or erosion
and the product has been coated with Brodie’s rec-
ommended method of protection against corrosion /
erosion.
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