Common use of LIMITATION OF REMEDY AND LIABILITY Clause in Contracts

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 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 TO BUYER FOR OF THE SPECIFIC GOODS MANUFACTURED OR SERVICES 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 THE TERM “consequential damagesCONSEQUENTIAL DAMAGES” shall includeSHALL INCLUDE, but not be limited toBUT NOT BE LIMITED TO, loss of anticipated profitsLOSS OF ANTICIPATED PROFITS, business interruptionREVENUE OR USE AND COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, loss of useFUEL AND POWER, 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 riskAND CLAIMS OF BUYER’S CUSTOMERS.

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 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, 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 OF BUYER FOR BREACH OF ANY WARRANTY HEREUNDER (OTHER THAN THE WARRANTY PROVIDED UNDER SECTION 8) SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT, AT SELLER’S OPTION, FOR PRODUCTS PROVEN TO HAVE FAILED TO MEET THE SPECIFICATION OR REFUND TO HAVE BEEN DEFECTIVE IN MATERIAL OR WORKMANSHIP AT THE TIME OF THE PURCHASE PRICE UNDER SECTION 6DELIVERY. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, PERFORMANCE AND THE REMEDIES OF BUYER SET FORTH IN THIS AGREEMENT THESE TERMS AND CONDITIONS ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S 'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS PRODUCTS PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S '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, labor, 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 the 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 Products 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 's risk.

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 TO BUYER FOR OF THE SPECIFIC GOODS MANUFACTURED OR SERVICES PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER 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 THE TERM “consequential damagesCONSEQUENTIAL DAMAGES” shall includeSHALL INCLUDE, but not be limited toBUT NOT BE LIMITED TO, loss of anticipated profitsLOSS OF ANTICIPATED PROFITS, business interruptionREVENUE OR USE AND COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, loss of useFUEL AND POWER, 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 riskAND CLAIMS OF BUYER’S CUSTOMERS.

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 LIMITED, AT SELLER’S OPTION, TO REPAIR, CORRECTION CORRECTION, OR REPLACEMENTREPLACEMENT OF AND ALLEGED NON- CONFORMING GOODS UNDER SECTION 2, OR REFUND OF THE PURCHASE PRICE UNDER SECTION 62. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, 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, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESDAMAGES WHICH ARE WAIVED BY BUYER AND AS TO WHICH BUYER SHALL INDEMNIFY SELLER. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. The term “consequential damages” shall 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 costs of capital, fuel, power power, and loss or damage to property or equipmentequipment or cost of repairing or replacing other property which was damaged if this product does not work properly. Buyer expressly acknowledges assume all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Goods, either alone or in combination with other products/ components. Further, Xxxxx shall indemnify and agrees hold Seller harmless from any liability to Buyer, Buyer’s employees, workers, contractors or any other person arising out of Buyer’s, or any other persons’, use of the Goods. It is further expected that all instruction and warnings supplied by Seller has set its prices will be passed on to those persons who use the Goods. Seller’s Goods are to be used in their recommended applications and entered into this agreement in reliance upon all warning labels adhered to the limitations of liability and other terms and conditions specified herein, which allocates the risk between Goods by Seller and Buyer and form a basis of this bargain between the partiesare to be left intact. 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 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 OF THE SPECIFIC GOODS MANUFACTURED OR SERVICES 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 THE TERM “consequential damagesCONSEQUENTIAL DAMAGES” shall includeSHALL INCLUDE BUT NOT BE LIMITED TO, but not be limited toLOSS OF ANTICIPATED PROFITS, loss of anticipated profitsREVENUE OR USE AND COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, business interruptionFUEL AND POWER, 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 riskAND CLAIMS OF BUYER’S CUSTOMERS.

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 IN ACCORDANCE WITH SECTION 64 ABOVE. SELLER THE MANUFACTURER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, 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 THE MANUFACTURER'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS ANY SUBSEQUENT TRANSFEREES EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS PROVIDED BY SELLER THE MANUFACTURER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER XXXXX AND ANY SUBSEQUENT TRANSFEREE AGREES THAT IN NO EVENT SHALL SELLER’S THE MANUFACTURERS LIABILITY TO BUYER ANDANO/OR ITS CUSTOMERS ANY SUBSEQUENT TRANSFEREES EXTEND TO INCLUDE INCIDENTAL, . CONSEQUENTIAL OR PUNITIVE DAMAGES. The term “"consequential damages” damages• shall includeindude, but not be limited to, loss of anticipated profits, loss of business opportunity, business interruption, loss of use, use or revenue, reputation and data, costs incurred, including without limitation, for capital, fuel, power and cost of capital or loss or damage diil!mage 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 the manufacturer with respect to the use of the Goods is given without chargechiil!rge, and Seller assumes the manufacturer iil!Ssume no obligation obligatlon or liability whatsoewr for the advice given, . or results obtained, all such advice being given and accepted at Buyer’s Buyer"sown risk.

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 TO BUYER FOR OF THE SPECIFIC GOODS MANUFACTURED OR SERVICES 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 THE TERM “consequential damagesCONSEQUENTIAL DAMAGES” shall includeSHALL INCLUDE BUT NOT BE LIMITED TO, but not be limited toLOSS OF ANTICIPATED PROFITS, loss of anticipated profitsREVENUE OR USE AND COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, business interruptionFUEL AND POWER, 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 riskAND CLAIMS OF BUYER’S CUSTOMERS.

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 REPAIRBevcorp's liability under the Agreement is, CORRECTION OR REPLACEMENTand Buyer's exclusive remedy, 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 to (a) in the case of anticipated profits, business interruption, loss a breach 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 warranty with respect to the use intellectual property right, the intellectual property indemnification provision set forth herein (b) the re-doing of Services found defective; (c) the repair or replacement (at Bevcorp’s option) of Goods found to be defective, returned EXW Incoterms 2020 Bevcorp’s factory, at Buyer’s cost; or (d) if, in Bevcorp’s sole discretion, re-work, repair or replacement will not remedy a claimed defect or failure of the Work to comply with any express warranties, Xxxxx’s remedy is limited to repayment of any amounts paid on the Price, cancellation of the Agreement and return of the Goods is given without chargeEXW Incoterms 2020 Bevcorp’s factory. Bevcorp shall not be liable for labor and/or expenses to remove, and Seller assumes no obligation or liability for the advice givenreplace, re-install, or results obtainedsubsequently inspect the Goods, all such advice being given nor for transportation or freight of the Goods. If the Goods, or other equipment supplied under the Agreement, have been used for a period of at least thirty (30) calendar days, Bevcorp may deduct a reasonable depreciation charge from the repayment of the Price. Buyer will give Bevcorp access to and accepted cooperate in repair of the Goods and, at BuyerBevcorp’s riskrequest, permit Bevcorp to oversee their removal. NOTWITHSTANDING ANYTHING TO THE CONTRARY ELSEWHERE HEREIN, THE PARTIES AGREE THAT UNDER NO CIRCUMSTANCES MAY THE TOTAL AGGREGATE LIABILITY UNDER THE AGREEMENT FOR ALL OF BEVCORPS EXPOSURE EXCEED THE PRICE OF THE APPLICABLE PROPOSAL OR US $1,000,000, WHICHEVER IS THE LESSER AMOUNT.

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 TO BUYER FOR OF THE SPECIFIC GOODS MANUFACTURED OR SERVICES 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 THE TERM “consequential damagesCONSEQUENTIAL DAMAGES” shall includeSHALL INCLUDE, but not be limited toBUT NOT BE LIMITED TO, loss LOSS OF ANTICIPATED PROFITS, REVENUE OR USE AND COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, FUEL AND POWER, AND CLAIMS OF BUYER’S CUSTOMERS. Levelese Terms and Conditions 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.Sale

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 6) IS LIMITED TO TO, AT XXXXX’X SOLE OPTION, REPAIR, CORRECTION OR REPLACEMENT, OR REFUND OF THE PURCHASE PRICE UNDER SECTION 6. SELLER SHALL XXXXX IS NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, 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 LAW, EQUITY, CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S DOES XXXXX’X LIABILITY TO BUYER CUSTOMER AND/OR ITS CUSTOMERS END USERS FOR ANY DAMAGES HEREUNDER (INCLUDING, WITHOUT LIMITATION, DAMAGES IN AN ACTION FOR CONTRIBUTION OR INDEMNITY) EXCEED THE PRICE PAID BY BUYER CUSTOMER FOR THE SPECIFIC GOODS SYSTEMS PROVIDED BY SELLER XXXXX GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER CUSTOMER AGREES THAT IN NO EVENT SHALL SELLER’S DOES XXXXX’X LIABILITY TO BUYER CUSTOMER AND/OR ITS CUSTOMERS END USERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES. The term “consequential damages” shall includeincludes, but is not be limited to, loss of anticipated profits, ; business interruption, ; loss of use, revenue, reputation and or data, ; costs incurred, including including, without limitation, costs for capital, fuel, power and or power; loss or damage to property or equipment; and environmental clean-up. Buyer Any action arising hereunder or relating hereto, regardless of the form of the action (whether based in law, equity, contract, infringement, negligence, strict liability, other tort or otherwise), must be commenced within one (1) year after the date of shipment or it shall be barred. Unless otherwise specified by Xxxxx in writing, it is expressly understood that any technical advice furnished by Xxxxx with respect to the use of the Systems is given without charge, and Xxxxx assumes no obligation or liability for the advice given or not given, or results obtained, all such advice being given and accepted at Customer’s risk. Customer expressly acknowledges and agrees that Seller Xxxxx has set its prices and entered into this agreement the Agreement in reliance upon the limitations of liability and other terms and conditions specified herein, which allocates allocate the risk between Seller Customer and Buyer Xxxxx 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 CUSTOMER’S EXCLUSIVE REMEDY SHALL BE FOR BREACH DAMAGES, AND SELLER’S TOTAL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT 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 ALL CAUSES WHATSOEVER (WHETHER SUCH CAUSE BE BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE)) SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE EQUIPMENT IN RESPECT OF WHICH SUCH CAUSE ARISES OR, SHALL AT SELLER’S LIABILITY TO BUYER AND/OPTION, THE REPAIR OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS PROVIDED BY SELLER GIVING RISE REPLACEMENT OF SUCH EQUIPMENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT CONTRARY, IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE SELLER BE LIABLE FOR, AND CUSTOMER HEREBY WAIVES ANY RIGHT TO, ANY INCIDENTAL, CONSEQUENTIAL INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGESDAMAGES RESULTING FROM OR ARISING OUT OF THE SALE OF EQUIPMENT TO CUSTOMER, NOR SHALL SELLER BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. The term “consequential damagesConsequential Damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use, revenueloss of revenue and cost of capital. Seller shall not be liable for, reputation and dataCustomer assumes liability for, all personal injury, death, and property damage connected with the handling, transportation, possession, use, further manufacture, or resale of the Equipment. No 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 charges incurred by Customer will be paid 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 riskunless authorized in writing in advance by Seller.

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, AT SELLER’S SOLE OPTION, EITHER CORRECT PERFORMANCE FOR THAT PORTION OF THE SERVICES FOUND BY SELLER TO REPAIR, CORRECTION OR REPLACEMENT, BE DEFECTIVE OR REFUND OF THE PURCHASE PRICE UNDER SECTION 6PAID FOR SERVICES. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, 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 'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS SERVICES OR PARTS PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S 'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS SHALL NOT 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 Agreement in reliance upon the limitations of liability and other terms and conditions specified herein, which allocates allocate 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 Parts and/or Services 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 's risk.

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 REPAIRREPAIR OR REPLACEMENT OF PARTS, CORRECTION IN ACCORDANCE WITH SECTION 4 ABOVE. UNDER NO CIRCUMSTANCES SHALL BARALAN USA AND/OR REPLACEMENT, OR REFUND OF THE PURCHASE PRICE UNDER SECTION 6. SELLER SHALL NOT ITS AFFILIATES BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, 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 SELLERBARALAN USA’S AND/OR ITS AFFILIATES’ LIABILITY TO BUYER AND/OR ITS CUSTOMERS ANY SUBSEQUENT TRANSFEREES EXCEED THE PURCHASE PRICE (AND ADDITIONAL COST OF SHIPMENT, INSURANCE, ETC.) PAID BY BUYER FOR THE SPECIFIC GOODS AND/OR SERVICES PROVIDED BY SELLER BARALAN USA GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AND ANY SUBSEQUENT TRANSFEREE AGREES THAT IN NO EVENT SHALL SELLERBARALAN USA’S AND/OR ITS AFFILIATES’ LIABILITY TO BUYER AND/OR ITS CUSTOMERS ANY SUBSEQUENT TRANSFEREES EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES. The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, loss of business opportunity, business interruption, loss of use, use or revenue, reputation and datacost of purchasing substitute goods from a different supplier, costs incurredprofessional fees, including without limitation, for capital, fuel, power and cost of capital or 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 Baralan USA and/or its affiliates with respect to the use of the Goods is given without charge, and Seller neither Baralan USA nor any of its affiliates assumes no any obligation or liability whatsoever for the advice given, or results obtained, all such advice being given and accepted at Buyer’s 's own risk.

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 6) IS LIMITED TO, AT CAID’S SOLE OPTION, EITHER CORRECT THE PERFORMANCE FOR THAT PORTION OF THE SERVICES FOUND BY CAID TO BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT, DEFECTIVE OR REFUND OF THE PURCHASE PRICE UNDER SECTION 6PAID FOR THAT PORTION OF THE SERVICES FOUND BY CAID TO BE DEFECTIVE. SELLER SHALL CAID IS NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, 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 LAW, EQUITY, CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLERDOES CAID’S LIABILITY TO BUYER CUSTOMER AND/OR ITS CUSTOMERS END USERS FOR ANY DAMAGES HEREUNDER (INCLUDING, WITHOUT LIMITATION, DAMAGES IN AN ACTION FOR CONTRIBUTION OR INDEMNITY) EXCEED THE PRICE PAID BY BUYER CUSTOMER FOR THE SPECIFIC GOODS SERVICES OR PARTS PROVIDED BY SELLER CAID GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER CUSTOMER AGREES THAT IN NO EVENT SHALL SELLERDOES CAID’S LIABILITY TO BUYER CUSTOMER AND/OR ITS CUSTOMERS END USERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES. The term “consequential damages” shall includeincludes, but is not be limited to, loss of anticipated profits, ; business interruption, ; loss of use, revenue, reputation and or data, ; costs incurred, including including, without limitation, costs for capital, fuel, power and or power; loss or damage to property or equipment; and environmental clean-up. Buyer Any action arising out of or relating to the Agreement, regardless of the form of the action (whether based in law, equity, contract, infringement, negligence, strict liability, other tort or otherwise), must be commenced within one (1) year after the date of the Services giving rise to the claim. Unless otherwise specified by CAID in writing, it is expressly understood that any technical advice furnished by CAID with respect to the use of the Parts and/or Services is given without charge, and CAID assumes no obligation or liability for the advice given or not given, or results obtained there from. Customer expressly acknowledges and agrees that Seller CAID has set its prices and entered into this agreement the Agreement in reliance upon the limitations of liability and other terms and conditions specified herein, which allocates allocate the risk between Seller Customer and Buyer CAID 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 riskagreement.

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 CORRECTION, REPLACEMENT OR REPLACEMENT, OR REFUND OF THE PURCHASE PRICE CREDIT UNDER SECTION 6Section 3. 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), AND IN NO EVENT 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, AND BUYER SHALL INDEMNIFY SELLER FOR ANY DAMAGES IN EXCESS THEREOF. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHICH ARE WAIVED BY BUYER AND AS TO WHICH BUYER SHALL INDEMNIFY SELLER. The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use, use of revenue, reputation and data, costs incurred, including without limitation, for capital, fuel, power and cost of capital or loss or damage to property or equipment, or loss of reputation. Further, Buyer expressly acknowledges shall indemnify and agrees hold Seller harmless from any liability to Buyer, Buyer’s employees, workers, contractors or any other person arising out of Buyer’s, or any other persons’, use of the Goods. It is further expected that all instruction and warnings supplied by Seller has set its prices will be passed on to those persons who use the Goods. Sellers’ Goods are to be used in their recommended applications and entered into this agreement in reliance upon all warning labels adhered to the limitations of liability and other terms and conditions specified herein, which allocates the risk between Goods by Seller and Buyer and form a basis of this bargain between the partiesare to be left intact. 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 CUSTOMER’S EXCLUSIVE REMEDY SHALL BE FOR BREACH DAMAGES, AND SELLER’S TOTAL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT 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 ALL CAUSES WHATSOEVER (WHETHER SUCH CAUSE BE BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE)) SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE EQUIPMENT IN RESPECT OF WHICH SUCH CAUSE ARISES OR, SHALL AT SELLER’S LIABILITY TO BUYER AND/OPTION, THE REPAIR OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS PROVIDED BY SELLER GIVING RISE REPLACEMENT OF SUCH EQUIPMENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT CONTRARY, IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE SELLER BE LIABLE FOR, AND CUSTOMER HEREBY WAIVES ANY RIGHT TO, ANY INCIDENTAL, CONSEQUENTIAL INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGESDAMAGES RESULTING FROM OR ARISING OUT OF THE SALE OF EQUIPMENT TO CUSTOMER, NOR SHALL SELLER BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE. The term “consequential damagesConsequential Damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use, revenueloss of revenue and cost of capital. Seller shall not be liable for, reputation and dataCustomer assumes liability for, all personal injury, death, and property damage connected with the handling, transportation, possession, use, further manufacture, or resale of the Equipment. No 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 charges incurred by Customer will be paid by Seller with respect to the use of the Goods is given without chargeunless authorized in writing in advance by Seller. IN NO EVENT WILL SELLER BE LIABLE FOR DAMAGES RESULTING DIRECTLY FROM BUGS OR DEFECTS ALREADY EXISTING IN CUSTOMER’S OR ANY OTHER PARTY’S SYSTEMS OR SOFTWARE, and Seller assumes no obligation or liability for the advice given, or results obtained, all such advice being given and accepted at Buyer’s riskOR BUGS OR DEFECTS INTRODUCED INTO CUSTOMER’S SYSTEMS BY PARTIES NOT UNDER THE CONTROL OF SELLER.

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, AT SELLER’S SOLE OPTION, EITHER CORRECT PERFORMANCE FOR THAT PORTION OF THE SERVICES FOUND BY SELLER TO REPAIR, CORRECTION OR REPLACEMENT, BE DEFECTIVE OR REFUND OF THE PURCHASE PRICE UNDER SECTION 6PAID FOR SERVICES. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, 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 'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS SERVICES OR PARTS PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S 'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS SHALL NOT 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 Parts and/or Services 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 's risk.

LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER (OTHER THAN THE WARRANTY PROVIDED UNDER SECTION 8) 7) SHALL BE LIMITED TO, AT SELLER’S SOLE OPTION, EITHER CORRECT PERFORMANCE FOR THAT PORTION OF THE WORK FOUND BY SELLER TO BE DEFECTIVE, REPAIR, CORRECTION OR REPLACEMENTREPLACEMENT OF GOODS, OR REFUND OF THE PURCHASE PRICE UNDER SECTION 6PAID FOR WORK. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, 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 'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS OR SERVICES PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S 'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS SHALL NOT 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 Agreement in reliance upon the limitations of liability liability, insurance and other terms and conditions specified herein, which allocates allocate 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 Work 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 's risk.

LIMITATION OF REMEDY AND LIABILITY. GOULSTON’S TOTAL LIABILITY UNDER THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER (AGREEMENT, WHETHER IN LAW, EQUITY, CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY OR OTHER THAN THE WARRANTY PROVIDED UNDER SECTION 8) SHALL BE LIMITED TO REPAIROTHERWISE, CORRECTION OR REPLACEMENT, OR REFUND OF THE PURCHASE PRICE UNDER SECTION 6. SELLER SHALL NOT EXCEED THE PRICE ACTUALLY PAID BY BUYER TO GOULSTON UNDER THE AGREEMENT FOR THE PRODUCT GIVING RISE TO THE CLAIM. UNDER NO CIRCUMSTANCES SHALL GOULSTON BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES CAUSED BY DELAY IN PERFORMANCEFOR ANY REASON, INCLUDING, WITHOUT LIMITATION, LOSS OF ANTICIPATED PROFITS; BUSINESS INTERRUPTION; LOSS OF USE, REVENUE, REPUTATION OR DATA; COSTS INCURRED, INCLUDING COST OF SUBSTITUTE PRODUCTS AND THE REMEDIES OF BUYER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS DOWNTIME COSTS; LOSS OR DAMAGE TO PROPERTY OR EQUIPMENT; AND ENVIRONMENTAL CLEAN- UP; EVEN IF SUCH DAMAGES WERE FORESEEABLE AND EVEN IF GOULSTON WAS ADVISED OF THE FORM POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE CLAIM EXCLUSION OR CAUSE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO BUYER. THE CONDITIONS STATED ABOVE CAN ONLY BE WAIVED BY AN OFFICER OF GOULSTON IN WRITING. ANY ACTION ARISING UNDER OR RELATING TO THE AGREEMENT, (WHETHER BASED IN LAW, EQUITY, CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S MUST BE COMMENCED WITH ONE (1) YEAR AFTER THE DATE OF DELIVERY OF PRODUCTS. GOULSTON HAS SET ITS PRICES AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY TO AND OTHER TERMS AND CONDITIONS SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN BUYER AND/OR ITS CUSTOMERS EXCEED AND GOULSTON AND FORM A BASIS OF THIS BARGAIN BETWEEN 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 riskPARTIES.

LIMITATION OF REMEDY AND LIABILITY. THE SOLE AND EXCLUSIVE REMEDY OF BUYER FOR BREACH OF ANY WARRANTY HEREUNDER (OTHER THAN THE WARRANTY PROVIDED UNDER SECTION 8) SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT, AT SELLER’S OPTION, FOR PRODUCTS PROVEN TO HAVE FAILED TO MEET THE SPECIFICATION OR REFUND TO HAVE BEEN DEFECTIVE IN MATERIAL OR WORKMANSHIP AT THE TIME OF THE PURCHASE PRICE UNDER SECTION 6DELIVERY. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, PERFORMANCE AND THE REMEDIES OF BUYER SET FORTH IN THIS AGREEMENT THESE TERMS AND CONDITIONS ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S 'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS PRODUCTS PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER’S '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, labor, 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 the 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 Products 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 's risk. Nothing in these Terms and Conditions (including but not limited to the exclusions and limitations in this Section) shall operate so as to exclude or limit the liability of either party to the other for death or personal injury arising out of its negligence, fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited by law.