Common use of EXCLUSIVE REMEDY; LIMITATION OF LIABILITY Clause in Contracts

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, for Timken to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken within one year following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken 100% or, if agreed by Timken, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by Timken, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by Timken’s negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken will not be liable for, and Buyer shall not assert, any of the following, whether or not due to Timken’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: (a) consequential, incidental, indirect, special and punitive damages; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken for warranty inspection, and any other work performed on the Products or Service Items; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer and exclusion will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following Timken’s notification to the customer of Timken’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s Timken Belts’ choice, repair or replacement of the nonconforming Product (EXW the designated Timken Belts facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s Timken Belts’ choice, for Timken Belts to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must must (a) submit the warranty claim to Timken Belts within one year following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks thirty days following the first discovery of a possible nonconformity), (b) return to Timken Belts 100% or, if agreed by TimkenTimken Belts, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by TimkenTimken Belts, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by Timken’s Timken Belts’ negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken Belts will not be liable for, and Buyer shall not assert, any of the following, whether or not due to Timken’s Timken Belts’ negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken Belts for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer Timken’s maximum liability for all claims and exclusion losses relating to the Products and Services shall be the price confirmed by Timken for the individual Product or Service giving rise to the claim or loss. The foregoing disclaimers and exclusions will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following Timken’s Timken Belts’ notification to the customer of Timken’s Timken Belts’ determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at TimkenTCP’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken TCP facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at TimkenTCP’s choice, for Timken TCP to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken TCP within one year following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken TCP 100% or, if agreed by TimkenTCP, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by TimkenTCP, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by TimkenTCP’s negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken TCP will not be liable for, and Buyer shall not assert, any of the following, whether or not due to TimkenTCP’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken TCP for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer TCP’s maximum liability for all claims and exclusion losses relating to the Products and Services shall be the price confirmed by TCP for the individual Product or Service giving rise to the claim or loss. The foregoing disclaimers and exclusions will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following TimkenTCP’s notification to the customer of TimkenTCP’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 13.1 If a Product does not meet the limited warranty described in Section 7.112.112.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.112.112.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, for Timken to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must must (a) submit the warranty claim to Timken within one year (unless a special warranty period for certain Products or Services applies, as set forth in the Timken Special Warranty Period Schedule which can be found at xxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxxXxxx) following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), , (b) return to Timken 100% or, if agreed by Timken, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by Timken, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 13.2 The remedy described in Section 8.1 13.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by Timken’s negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken will not be liable for, and Buyer shall not assert, any of the following, whether or not due to Timken’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer Timken’s maximum liability for all claims and exclusion losses relating to the Products and Services shall be the price confirmed by Timken for the individual Product or Service giving rise to the claim or loss. The foregoing disclaimers and exclusions will apply even if the exclusive remedy described in Section 8.1 13.113.1 fails its essential purpose. 8.3 13.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following Timken’s notification to the customer of Timken’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, BuyerXxxxx’s sole and exclusive remedy will be, at TimkenSeller’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken Seller facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product). If an item of Services does not meet the limited warranty described in Section 7.1, BuyerXxxxx’s sole and exclusive remedy will be, at TimkenSeller’s choice, for Timken Seller to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim in writing to Timken Seller within one year following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) with written authorization from Seller, return to Timken Seller (transportation charges prepaid and borne by Buyer) 100% or, if agreed by TimkenSeller, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by TimkenSeller, results of diagnostic tests, evaluations and investigations performed by Buyer Xxxxx or BuyerXxxxx’s customer. Any written notice of breach shall be deemed to be notice only with respect to the Product or Service or part thereof addressed by the notice and only with respect to the alleged problem specified therein. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is BuyerXxxxx’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by TimkenSeller’s negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken Seller will not be liable for, and Buyer shall not assert, any of the following, whether or not due to TimkenSeller’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken Seller for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer Seller’s maximum liability for all claims and exclusion losses relating to the Products and Services shall be the price confirmed by Seller for the individual Product or Service giving rise to the claim or loss. The foregoing disclaimers and exclusions will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer Xxxxx to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following TimkenSeller’s notification to the customer Buyer of TimkenSeller’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which BuyerXxxxx’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken facilityPomona) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, for Timken to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken within one year (unless a special warranty period for certain Products or Services applies, as set forth in the Timken Special Warranty Period Schedule which can be found at xxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxxXxxx) following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken 100% or, if agreed by Timken, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by Timken, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by Timken’s negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken will not be liable for, and Buyer shall not assert, any of the following, whether or not due to Timken’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer Timken’s maximum liability for all claims and exclusion losses relating to the Products and Services shall be the price confirmed by Timken for the individual Product or Service giving rise to the claim or loss. The foregoing disclaimers and exclusions will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following Timken’s notification to the customer of Timken’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at TimkenTimkenSteel’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken TimkenSteel facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, BuyerXxxxx’s sole and exclusive remedy will be, at TimkenTimkenSteel’s choice, for Timken TimkenSteel to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken TimkenSteel within one year following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken TimkenSteel 100% or, if agreed by TimkenTimkenSteel, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by TimkenTimkenSteel, results of diagnostic tests, evaluations and investigations performed by Buyer or BuyerXxxxx’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period.period.‌ 8.2 The remedy described in Section 8.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by TimkenTimkenSteel’s negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken TimkenSteel will not be liable for, and Buyer shall not assert, any of the following, whether or not due to TimkenTimkenSteel’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken TimkenSteel for warranty inspection, and any other work performed on the Products or Service Items; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer and exclusion will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following Timken’s notification to the customer of Timken’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.work

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at TimkenSeller’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken Seller facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product). If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at TimkenSeller’s choice, for Timken Seller to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim in writing to Timken Seller within one year following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) with written authorization from Seller, return to Timken Seller (transportation charges prepaid and borne by Buyer) 100% or, if agreed by TimkenSeller, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by TimkenSeller, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. Any written notice of breach shall be deemed to be notice only with respect to the Product or Service or part thereof addressed by the notice and only with respect to the alleged problem specified therein. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by TimkenSeller’s negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken Seller will not be liable for, and Buyer shall not assert, any of the following, whether or not due to TimkenSeller’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken Seller for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer Seller’s maximum liability for all claims and exclusion losses relating to the Products and Services shall be the price confirmed by Seller for the individual Product or Service giving rise to the claim or loss. The foregoing disclaimers and exclusions will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following TimkenSeller’s notification to the customer Buyer of TimkenSeller’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s Xxxxxxx’x choice, repair or replacement of the nonconforming Product (EXW the designated Timken Xxxxxxx facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s Xxxxxxx’x choice, for Timken Xxxxxxx to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken Xxxxxxx within one year following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken Xxxxxxx 100% or, if agreed by TimkenXxxxxxx, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by TimkenXxxxxxx, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by Timken’s Xxxxxxx’x negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken Xxxxxxx will not be liable for, and Buyer shall not assert, any of the following, whether or not due to Timken’s Xxxxxxx’x negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken Xxxxxxx for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer and exclusion will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following Timken’s Xxxxxxx’x notification to the customer of Timken’s Xxxxxxx’x determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy remedy, and Seller’s sole and exclusive warranty obligation will be, at TimkenSeller’s choice, repair to repair, replace or replacement provide Buyer a credit up to the amount of the nonconforming Product (EXW the designated Timken facility) or a credit of a fair amount not to exceed the purchase price paid for the nonconforming Product. If an item of the Services does or a Services Item do not meet the limited warranty described in Section 7.1, BuyerXxxxx’s sole and exclusive remedy and Seller’s sole and exclusive warranty obligation will be, at TimkenSeller’s choice, for Timken Seller to re-perform the nonconforming portions of the Services or Services Item, or issue a credit in the amount of a fair amount not to exceed the price paid with respect to the nonconforming portions of the ServicesServices or Services Item. To be entitled to the exclusive remedyremedies listed in this Section 8.1, Buyer must (a) submit the warranty claim to Timken Seller within one (1) year following the Shipment Date for Products Products, or within one (1) year of the Completion Date for Services, as applicable (but in no case later than six weeks 60 days following the first discovery of a possible nonconformity), (b) return to Timken Seller 100% or, if agreed by TimkenSeller, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defectivedefective for Seller’s inspection, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by TimkenSeller, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-re- performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is BuyerXxxxx’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by TimkenSeller’s negligence or by any defect in the Products or Services. . 8.3 Without limiting the generality of the preceding sentencesection, Timken Seller will not be liable for, and Buyer shall not assert, any of the following, whether or not due to TimkenSeller’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken Seller for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer and exclusion will apply even if the exclusive remedy described in Section 8.1 fails of its essential purpose. In no event shall Seller’s liability for damages to Buyer for any claim or cause whatsoever, regardless of the form of action, whether asserted in tort, negligence, for breach of warranty or breach of contract, or otherwise, exceed the purchase price paid by Buyer (less the unpaid balance of the purchase price) for the specific Products and/or Services that caused the damages. 8.3 8.4 An action by Buyer arising from or relating to enforce a warranty claimthis Agreement or any Products or Services hereunder, whether by court action, arbitration or other proceeding, will be barred unless commenced within one (1) year following Timken’s notification to the customer of Timken’s determination (for example, on the validity of the warranty claim date Buyer discovered or should have discovered the availability or scope of the remedy) upon which Buyer’s claim is basedclaim.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, for Timken to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken within one year (unless a special warranty period for certain Products or Services applies, as set forth in the Timken Special Warranty Period Schedule which can be found at xxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxxXxxx) following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken 100% or, if agreed by Timken, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by Timken, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by Timken’s negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken will not be liable for, and Buyer shall not assert, any of the following, whether or not due to Timken’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: (a) consequential, incidental, indirect, special and punitive damages; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken for warranty inspection, and any other work performed on the Products or Service Items; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer and exclusion will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following Timken’s notification to the customer of Timken’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at TimkenAurora’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken Aurora facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at TimkenAurora’s choice, for Timken Aurora to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken Aurora within one year following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken Aurora 100% or, if agreed by TimkenAurora, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by TimkenAurora, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by TimkenAurora’s negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken Aurora will not be liable for, and Buyer shall not assert, any of the following, whether or not due to TimkenAurora’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken Aurora for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer Aurora’s maximum liability for all claims and exclusion losses relating to the Products and Services shall be the price confirmed by Aurora for the individual Product or Service giving rise to the claim or loss. No penalty clause of any kind shall be effective against Aurora unless explicitly approved in writing by either the President or Vice-President of Aurora. The foregoing disclaimers and exclusions will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following TimkenAurora’s notification to the customer of TimkenAurora’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, for Timken to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken within one year (unless a special warranty period for certain Products or Services applies, as set forth in the Timken Special Warranty Period Schedule which can be found at xxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxx Sale) following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken 100% or, if agreed by Timken, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by Timken, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-re- performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by Timken’s negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken will not be liable for, and Buyer shall not assert, any of the following, whether or not due to Timken’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer Timken’s maximum liability for all claims and exclusion losses relating to the Products and Services shall be the price confirmed by Timken for the individual Product or Service giving rise to the claim or loss. The foregoing disclaimers and exclusions will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following Timken’s notification to the customer of Timken’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at TimkenDes-Case’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken Des-Case facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, BuyerXxxxx’s sole and exclusive remedy will be, at TimkenDes-Case’s choice, for Timken Des-Case to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must must (a) submit the warranty claim to Timken Des-Case within one year fourteen (14) days following the Shipment Date for Products or Completion Date for Servicesexpiration date of the applicable warranty period, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken Des-Case 100% or, if agreed by TimkenDes-Case, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by TimkenDes-Case, results of diagnostic tests, evaluations and investigations performed by Buyer or BuyerXxxxx’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is BuyerXxxxx’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by TimkenDes-Case’s negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken Des-Case will not be liable for, and Buyer shall not assert, any of the following, whether or not due to TimkenDes-Case’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken Des-Case for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer Des-Case’s maximum liability for all claims and exclusion losses relating to the Products and Services shall be the price confirmed by Des-Case for the individual Product or Service giving rise to the claim or loss. The foregoing disclaimers and exclusions will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following TimkenDes-Case’s notification to the customer of TimkenDes-Case’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which BuyerXxxxx’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s Xxxxxxx’x choice, repair or replacement of the nonconforming Product (EXW the designated Timken Xxxxxxx facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s Xxxxxxx’x choice, for Timken Xxxxxxx to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken Xxxxxxx within one year following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken Xxxxxxx 100% or, if agreed by TimkenXxxxxxx, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by TimkenXxxxxxx, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by Timken’s Xxxxxxx’x negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken Xxxxxxx will not be liable for, and Buyer shall not assert, any of the following, whether or not due to Timken’s Xxxxxxx’x negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken Xxxxxxx for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer Xxxxxxx’x maximum liability for all claims and exclusion losses relating to the Products and Services shall be the price confirmed by Xxxxxxx for the individual Product or Service giving rise to the claim or loss. The foregoing disclaimers and exclusions will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following Timken’s Xxxxxxx’x notification to the customer of Timken’s Xxxxxxx’x determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.

EXCLUSIVE REMEDY; LIMITATION OF LIABILITY. 8.1 If a Product does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, repair or replacement of the nonconforming Product (EXW the designated Timken facility) or a credit of a fair amount not to exceed the price paid for the nonconforming Product. If an item of Services does not meet the limited warranty described in Section 7.1, Buyer’s sole and exclusive remedy will be, at Timken’s choice, for Timken to re-perform the nonconforming portions of the Services or issue a credit of a fair amount not to exceed the price paid with respect to the nonconforming portions of the Services. To be entitled to the exclusive remedy, Buyer must (a) submit the warranty claim to Timken within one year (unless a special warranty period for certain Products or Services applies, as set forth in the Timken Special Warranty Period Schedule which can be found at xxx.xxxxxx.xxx/XxxxxxxxXxxxxxxxxxxxXxxx) following the Shipment Date for Products or Completion Date for Services, as applicable (but no later than six weeks following the first discovery of a possible nonconformity), (b) return to Timken 100% or, if agreed by Timken, a lesser but still statistically relevant percentage of the Products or Service Items claimed to be defective, and (c) provide reasonable evidence in support of the warranty claim, including, if requested by Timken, results of diagnostic tests, evaluations and investigations performed by Buyer or Buyer’s customer. The warranty claims limitation period for repaired or replaced Products and re-performed Services will expire at the same time as the original warranty claims limitation period. 8.2 The remedy described in Section 8.1 is Buyer’s sole and exclusive remedy for a breach of the limited warranty and for any other claim relating to the Products and Services, regardless of the basis of Buyer’s claim, whether it is in contract, tort, express or implied warranty, negligence, strict liability or otherwise, and regardless whether any damages were caused by Timken’s negligence or by any defect in the Products or Services. Without limiting the generality of the preceding sentence, Timken will not be liable for, and Buyer shall not assert, any of the following, whether or not due to Timken’s negligence or due to a defect in the Products or Services, and regardless whether the basis is product warranty, delayed or incomplete delivery, negligence or any other cause: : (a) consequential, incidental, indirect, special and punitive damages; ; (b) the cost of removing and reinstalling Products or Service Items, sending Products or Service Items to Timken for warranty inspection, and any other work performed on the Products or Service Items; ; (c) damage to or the cost of making adjustments or repairs to any mechanism, equipment or machinery in which the Products, Service Items or other items that were the subject of Services were installed; ; (d) loss of profits or revenue, loss of use, line shut-down, cost of capital, and cost of substituted product, facilities or services; and and (e) claims of Buyer’s customers or other third parties for damages or penalties, whether or not Buyer is legally obligated to pay them. This disclaimer Timken’s maximum liability for all claims and exclusion losses relating to the Products and Services shall be the price confirmed by Timken for the individual Product or Service giving rise to the claim or loss. The foregoing disclaimers and exclusions will apply even if the exclusive remedy described in Section 8.1 fails its essential purpose. 8.3 An action by Buyer to enforce a warranty claim, whether by court action, arbitration or other proceeding, will be barred unless commenced within one year following Timken’s notification to the customer of Timken’s determination (for example, on the validity of the warranty claim or the availability or scope of the remedy) upon which Buyer’s claim is based.