Customer’s Responsibility to Masport Concerning Original End-Users:
Customer warrants and represents that if it resells any Products or incorporates any Products into its
own merchandise for the purpose of sale, Customer will:
A. In all instances causes such purchaser to be bound by, and agree to, this Limited
Warranty as set forth herein, including all terms and limitations thereof;
B. Properly affix all warning labels to all Products;
C. Provide the applicable Masport product manuals to such purchasers.
Disclaimer of Implied Warranties:
CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT: (I) THIS LIMITED WARRANTY SET
FORTH HEREIN IS AN INTEGRAL PART OF THE AGREEMENT PURSUANT TO WHICH THE
PRODUCTS WERE PURCHASED; (II) CUSTOMER (FOR ITSELF AND ON BEHALF OF THE ORIGINAL
END-USER, IF APPLICABLE) HAS ACCEPTED THIS LIMITED WARRANTY AS THE SOLE AND
EXCLUSIVE WARRANTY GIVEN BY MASPORT TO CUSTOMER AND ORIGINAL END-USER WITH
RESPECT TO THE PRODUCTS; AND (III) THIS LIMITED WARRANTY IS REFLECTED IN THE
PURCHASE PRICE FOR THE PRODUCTS. MASPORT MAKES NO OTHER REPRESENTATIONS OR
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR
OTHERWISE, WITH RESPECT TO ANY PRODUCTS, GOODS, OR SERVICES SOLD OR PROVIDED
TO THE CUSTOMER PURSUANT TO THE AGREEMENT OR OTHERWISE, INCLUDING WITHOUT
LIMITATION ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE OR USE, ALL OF WHICH ARE EXPRESSLY HEREBY DISCLAIMED.
Limitation on Liabilities and Damages:
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR
ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY OR THE
AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MASPORT BE
LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, COVER, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER
THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED
PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF
SUBSTITUTE GOODS OR PRODUCTS, EVEN IF MASPORT OR AN AUTHORIZED REPRESENTATIVE
THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TO THE
EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR PARENT, SUBSIDIARIES, AND
AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, MANAGERS, AGENTS, AND
EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY
DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM:
A. YOUR USE OF OR YOUR INABILITY TO USE OUR PRODUCTS;
B. SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO THE PRODUCTS OR BREACH OF
ANY OF THESE TERMS; OR
C. YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR OR YOUR LOSS OF OR
INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THE AGREEMENT.
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