Basis of the Bargain; Failure of Essential Purpose. Subscriber acknowledges that Netgateway has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
Appears in 14 contracts
Samples: Electronic Commerce Services Agreement (Netgateway Inc), Electronic Commerce Services Agreement (Netgateway Inc), Electronic Commerce Services Agreement (Netgateway Inc)
