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 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 sole and exclusive remedy for breach of any term or condition or warranty hereunder (other than the warranty provided under Section section 7) shall be limited limited, at Seller's option 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 buyer for the specific goods provided by Seller giving rise to the claim or cause of action. Xxxxx Buyer agrees that in no event shall sellerSeller's liability to buyer and/or its customers extend to include incidental, consequential or punitive damages. The term "consequential damages damages" shall include without limitation loss of anticipated profits profits, business interruption 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 charge, and Seller assumes no obligation or liability ability for the advice given, or results obtained, all such advice being given and accepted at Buyer's risk.