OPR360US H0711
1-11
Introduction
1
Limitation of Liability
The liability of Newport Medical, whether arising out of, or related to
manufacture and sale of the goods, their installation, demonstration,
sales representation, use, performance, or otherwise, including any
liability based upon Newport Medical’s product warranty, is subject
to and limited to the exclusive terms and conditions as set forth,
whether based upon breach of warranty or any other cause of action
whatsoever, regardless of any fault attributable to Newport Medical
and regardless of the form of action (including, without limitation,
breach of warranty, negligence, strict liability, or otherwise).
The stated expressed warranties are in lieu of all other warranties,
expressed or implied, including, without limitation, warranties of
merchantability, fitness for any purpose, or non-infringement.
Newport Medical shall not be liable for, nor shall the buyer be entitled
to recover, any special incidental or consequential damages or any
liability incurred by buyer to any third party in any way arising out of
or relating to the goods.
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