LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER (OTHER THAN THE WARRANTY PROVIDED UNDER SECTION 8) SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT, OR REFUND OF THE PURCHASE PRICE UNDER SECTION 6. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, AND THE REMEDIES OF BUYER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use, revenue, reputation and data, costs incurred, including without limitation, for capital, fuel, power and loss or damage to property or equipment. Buyer expressly acknowledges and agrees that Seller has set its prices and entered into this agreement in reliance upon the limitations of liability and other terms and conditions specified herein, which allocates the risk between Seller and Buyer and form a basis of this bargain between the parties. It is expressly understood that any technical advice furnished by Seller with respect to the use of the Goods is given without charge, and Seller assumes no obligation or liability for the advice given, or results obtained, all such advice being given and accepted at Buyer’s risk.
LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER (AND FOR ANY OTHER CLAIM OF ANY NATURE ARISING FROM THE FAILURE OF THE PULP TO CONFORM TO THE SPECIFICATIONS REQUIRED BY THIS AGREEMENT) SHALL BE LIMITED TO REPLACEMENT OR REFUND OF PURCHASE PRICE (AT SELLER’S OPTION) UNDER THE LIMITED WARRANTY CLAUSE IN SECTION 7. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PURCHASE PRICE FOR THE SPECIFIC PULP GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ALL OF WHICH ARE HERBY DISCLAIMED. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE, AND COST OF CAPITAL.
LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY UNDER THIS AGREEMENT SHALL BE LIMITED TO REPAIR, CORRECTION, REPLACEMENT OR REFUND UNDER THE LIMITED WARRANTY SET FORTH IN SECTION 9 ABOVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER EXCEED THE PRICE TO BUYER OF THE SPECIFIC GOODS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT, SHALL SELLER’S LIABILITY TO BUYER EXTEND TO INCLUDE INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES BASED ON: (I) LOSS OF ANTICIPATED REVENUE OR PROFITS; (II) LOSS OF USE OR DATA; (III) DELAY IN PERFORMANCE; AND (IV) THIRD PARTY CLAIMS AGAINST SELLER RELATED TO THE GOODS SUPPLIED TO BUYER. SELLER AND BUYER AGREE THAT THE LIMITATIONS SET FORTH IN THIS PROVISION SHALL BE ENFORCED TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXTEND TO THE BENEFIT OF SELLER’S SUPPLIERS.
LIMITATION OF REMEDY AND LIABILITY. During the Warranty Period, in the event of any breach of the warranty outlined in Section 5b above, Licensor‟s ( and its suppliers), entire liability and your exclusive remedy will be, at Licensor‟s option, to either, repair or replace the defective Software. NEITHER LICENSOR NOR ITS LICENSOR, IF ANY, SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGE TO SYSTEMS OR DATA, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID.
LIMITATION OF REMEDY AND LIABILITY. During the Warranty Period, in the event of any breach of the warranty, Licensor’s (and its suppliers), entire liability and Licensee’s exclusive remedy will be, at Licensor’s option, to either repair or replace the defective Software. Licensor's liability for any damages is limited to malicious intent and gross negligence, including lost profits, lost data or other indirect or subsequent damage arising from the use of the Software or non- use of the Software or the supplied data. Licensor’s liability for damages hereunder shall in no event exceed the amount of license fees that licensee has paid. This limitation of liability does not apply to cardinal obligations or liability for any product damages under the German Product Liability Act.
LIMITATION OF REMEDY AND LIABILITY. Unless otherwise provided by law, Seller’s total liability under the Agreement, whether in law, equity, contract, infringement, negligence, strict liability or other otherwise, shall not exceed the price paid by Buyer under the Agreement for the Product or Services giving rise to the claim. Under no circumstances shall Seller be liable for special, incidental, indirect, delay or liquidated, punitive or consequential damages for any reason. “Consequential damages” includes, without limitation, loss of anticipated profits; business interruption; loss of use, revenue, reputation or data; costs incurred, including without limitation, costs for capital, fuel or power; loss or damage to property or equipment; and environmental clean-up. Any action arising under or relating to the Agreement, (whether based in law, equity, contract, infringement, negligence, strict liability, other tort or otherwise), must be commenced with one year from the date the claim arose. Seller assumes no obligation or liability for technical advice given or not given, or results obtained. Seller has set its prices and entered into the Agreement in reliance upon the limitations of liability and other terms and conditions specified herein, which allocate the risk between Buyer and Seller and form a basis of this bargain between the parties.
LIMITATION OF REMEDY AND LIABILITY. The sole and exclusive remedy for breach of any term or condition or warranty hereunder (other than the warranty provided under Section 7) shall be limited at Seller's option to repair, correction or replacement under Section 5 or refund of the purchase price. Seller shall not be liable for damages caused by delay in performance and in no event, regardless of the form of the claim or cause of action (whether based in contract, infringement, negligence, strict liability, other tort or otherwise) shall Seller's liability to Buyer and/or its customers exceed the price paid by Buyer for the specific goods provided by Seller giving rise to the claim or cause of action. Xxxxx agrees that in no event shall seller's liability to buyer and/or its customers extend to include incidental, consequential or punitive damages. The term consequential damages shall include without limitation loss of anticipated profits business interruption loss of use or revenue, cost of capital or loss or damage to property or equipment. It is understood that any technical advice furnished by Seller with respect to the use of the Goods is given without charge and Seller assumes no obligation or liability for the advice given, or results obtained, all such advice being given and accepted at Buyer's risk.
LIMITATION OF REMEDY AND LIABILITY. The Seller shall not be liable for any kind of consequential damages including loss of anticipated profits, loss of use of equipment or any associated equipment, the loss of product from the Buyer's facility(s) or the loss of capital however caused. The Buyer agrees that the Seller's sole and exclusive liability for any and all losses and damages arising out of or connected in anyway with the Product(s) and/or Services provided by the Seller shall be limited to the repair, correction, or replacement of the Product(s) and/or Services in accordance with the terms of limited warranty set out in Section 10 herein. The Buyer further agrees that the Seller's total liability arising out or connected in any way with the provision of the Product(s) and/or Services is limited to the value of the Product(s) and/or Services provided by the Seller under this Agreement.
LIMITATION OF REMEDY AND LIABILITY. 17.1 Limited Remedy. THE SOLE AND EXCLUSIVE REMEDY, AND WR’S SOLE AND EXCLUSIVE OBLIGATION AND LIABILITY, FOR A BREACH OF THE WARRANTY IN EXHIBIT B SHALL BE REPLACEMENT OR CREDIT OF THE PURCHASE PRICE AS SET FORTH THEREIN.
LIMITATION OF REMEDY AND LIABILITY. Seller’s total liability under the Agreement, whether in law, contract, infringement, negligence, strict liability or other otherwise, shall not exceed the price paid by Buyer under the Agreement for the Product or Services giving rise to the claim. Under no circumstances shall Seller be liable for special, incidental, indirect, punitive or consequential damages for any reason. “Consequential damages” includes, without limitation, loss of anticipated profits; business interruption; loss of use, revenue, reputation or data; costs incurred, including without limitation, costs for capital, fuel or power; loss or damage to property or equipment; and environmental clean-up. Any action arising under or relating to the Agreement, (whether based in law, equity, contract, infringement, negligence, strict liability, other tort or otherwise), must be commenced with one year after the date of shipment or delivery of Services. Seller assumes no obligation or liability for technical advice given or not given, or results obtained. Seller has set its prices and entered into the Agreement in reliance upon the limitations of liability and other terms and conditions specified herein..
