Common use of Ceiling of Liability Clause in Contracts

Ceiling of Liability. The price allocable to any item Part or service alleged to be the cause of any loss or damage to the PURCHASER, or anyone claiming through PURCHASER, shall be the ceiling limit on SELLER'S liability, whether founded in contract or tort (including negligence) or other statute or law, arising out of, or resulting from (i) the Agreement or the performance or breach thereof, (it) the design, manufacture, delivery, sale, repair, replacement of any item, Part or service or (iii) the use of any item, Part or service of or delivered by SELLER to PURCHASER.

Appears in 2 contracts

Samples: Invoice Standard Terms & Conditions, Invoice Standard Terms & Conditions

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Ceiling of Liability. The price allocable to any item Part or service alleged to be the cause of any loss or damage to the PURCHASER, or anyone claiming through PURCHASER, . shall be the ceiling limit on SELLER'S liability, whether founded in contract or tort (including negligence) or other statute or law, arising out of, or resulting from (i) the Agreement or the performance or breach thereof, thereof (itii) the design, manufacture, delivery, sale, repair, replacement of any item, Part or service or (iii) the use of any item, Part or service of or delivered by SELLER to PURCHASER.

Appears in 1 contract

Samples: Standard Terms and Conditions

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Ceiling of Liability. The price allocable to any item Part or service alleged to be the cause of any loss or damage to the PURCHASER, or anyone claiming through PURCHASER, shall be the ceiling limit on SELLER'S liability, whether founded in contract or tort (including negligence) or other statute or law, arising out of, or resulting from (i) the Agreement or the performance or breach thereof, thereof (itii) the design, manufacture, delivery, sale, repair, replacement of any item, Part or service or (iii) the use of any item, Part or service of or delivered by SELLER to PURCHASER.

Appears in 1 contract

Samples: Invoice Standard Terms & Conditions

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