Limitation of Seller’s Liability. BUYER HEREBY EXPRESSLY WAIVES ALL CLAIMS AGAINST GLF, AND GLF SHALL NOT BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURED WITHOUT GLF WRITTEN CONSENT, EVEN THOUGH GLF HAS BEEN NEGLIGENT, AND BUYER INDEMNIFIES AND HOLD GLF HARMLESS FROM ANY AND ALL SUCH CLAIMS OF DAMAGE BY BUYER OF OTHERS. GLF SHALL NOT INCUR ANY LIABILITY UNDER ANY CLAIM MADE BY BUYER UNDER THIS AGREEMENT OR OTHERWISE EXCEEDING THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH DAMAGE ARE CLAIMED. The Seller's liability for loss or damages on any claim is limited by the previous provisions hereof and shall in no event be more than an amount equal to the sum paid seller by buyer for the specific equipment and/or services. Seller shall not be liable for any indirect, special, secondary, incidental or consequential damages, howsoever or whenever the same may arise.
Appears in 3 contracts
Samples: Terms and Conditions of Sale, Terms and Conditions of Sale, Terms and Conditions of Sale
Limitation of Seller’s Liability. BUYER Seller’s liability and Buyer’s sole remedy for any warranty claim is limited, at Seller’s option, to either the forgoing repair or replacement of the affected Products, or to a refund of the purchase price of the affected Product (or if not paid, to a credit in the amount of the purchase price.) No warrantyclaim by Buyer, or claim of any kind, either as to Products delivered or for non- delivery of Products, shall be greater in amount than the purchase price of the Products in respect of which such damages are claimed. No charges or expenses incident to any claims will be allowed unless approved by an authorized representative of Seller. No claim will be allowable after the Products have been treated, incorporated with other products or systems or processed in any manner. Seller shall have no liability for any claims related to Product defects in the event that the alleged defect was caused, in whole or in part, by Buyer’s negligence or failure to properly install, store, maintain or care for the Products. THE REMEDY HEREBY EXPRESSLY WAIVES ALL CLAIMS AGAINST GLF, PROVIDED SHALL BE THE EXCLUSIVE AND GLF SHALL NOT SOLE REMEDY OF BUYER. IN NO EVENT WILL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECTPUNITIVE, INCIDENTAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES DAMAGES, INCLUDING (WITHOUT LIMITATION) LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS, ARISING OUT OFOF OR IN CONNECTION WITH ANY PRODUCT OR THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY OR AS A RESULT OFCONTRACT, THE SALENEGLIGENCE, DELIVERYSTRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, NON-DELIVERY, SERVICING, USE AND WHETHER OR LOSS OF USE NOT SELLER HAS BEEN ADVISED OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES POSSIBILITY OF ANY NATURE INCURED WITHOUT GLF WRITTEN CONSENT, EVEN THOUGH GLF HAS BEEN NEGLIGENT, AND BUYER INDEMNIFIES AND HOLD GLF HARMLESS FROM ANY AND ALL SUCH CLAIMS OF DAMAGE BY BUYER OF OTHERS. GLF SHALL NOT INCUR ANY LIABILITY UNDER ANY CLAIM MADE BY BUYER UNDER THIS AGREEMENT OR OTHERWISE EXCEEDING THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH DAMAGE ARE CLAIMED. The Seller's liability for loss or damages on any claim is limited by the previous provisions hereof and shall in no event be more than an amount equal to the sum paid seller by buyer for the specific equipment and/or services. Seller shall not be liable for any indirect, special, secondary, incidental or consequential damages, howsoever or whenever the same may ariseDAMAGES.
Appears in 1 contract
Samples: Sales Contracts
Limitation of Seller’s Liability. BUYER HEREBY EXPRESSLY WAIVES ALL CLAIMS AGAINST GLFN&B, AND GLF N&B SHALL NOT BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURED WITHOUT GLF N&B WRITTEN CONSENT, EVEN THOUGH GLF N&B HAS BEEN NEGLIGENT, AND BUYER INDEMNIFIES AND HOLD GLF N&B HARMLESS FROM ANY AND ALL SUCH CLAIMS OF DAMAGE BY BUYER OF OTHERS. GLF N&B SHALL NOT INCUR ANY LIABILITY UNDER ANY CLAIM MADE BY BUYER UNDER THIS AGREEMENT OR OTHERWISE EXCEEDING THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH DAMAGE ARE CLAIMED. The Seller's liability for loss or damages on any claim is limited by the previous provisions hereof and shall in no event be more than an amount equal to the sum paid seller by buyer for the specific equipment and/or services. Seller shall not be liable for any indirect, special, secondary, incidental or consequential damages, howsoever or whenever the same may arise.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Limitation of Seller’s Liability. BUYER HEREBY EXPRESSLY WAIVES ALL CLAIMS AGAINST GLFCMI, AND GLF CMI SHALL NOT BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURED WITHOUT GLF CMI WRITTEN CONSENT, EVEN THOUGH GLF CMI HAS BEEN NEGLIGENT, AND BUYER INDEMNIFIES AND HOLD GLF CMI HARMLESS FROM ANY AND ALL SUCH CLAIMS OF DAMAGE BY BUYER OF OTHERS. GLF CMI SHALL NOT INCUR ANY LIABILITY UNDER ANY CLAIM MADE BY BUYER UNDER THIS AGREEMENT OR OTHERWISE EXCEEDING THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH DAMAGE ARE CLAIMED. The Seller's liability for loss or damages on any claim is limited by the previous provisions hereof and shall in no event be more than an amount equal to the sum paid seller by buyer for the specific equipment and/or services. Seller shall not be liable for any indirect, special, secondary, incidental or consequential damages, howsoever or whenever the same may arise.
Appears in 1 contract
Samples: Terms and Conditions of Sale