Common use of Warranties, Remedies and Limitations Clause in Contracts

Warranties, Remedies and Limitations. a) Cemstone warrants to Customer that, at the time of delivery, the goods sold will conform substantially to the description on the face of the specific quotation. If a substitution or “or equal” approval is included the Customer is fully responsible for obtaining all necessary approvals. CEMSTONE’S LIABILITY AND CUSTOMER’S REMEDY UNDER THIS WARRANTY ARE LIMITED AT CEMSTONE’S DISCRETION TO b) Cemstone warrants to Customer that it will convey good title to the goods sold hereunder. c) Cemstone shall not be responsible for, or pay, any charges for inspection or tests made by or on behalf of Customer. d) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE UNIFORM COMMERCIAL CODE (“UCC”) WARRANTY OF MERCHANTABILITY AND THE UCC WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THE REMEDIES OF CUSTOMER FOR ANY BREACH OF WARRANTY SHALL BE LIMITED TO THOSE PROVIDED HEREIN. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR LIMITATIONS WILL BE BINDING UPON CEMSTONE UNLESS IN WRITING, SIGNED BY A DULY AUTHORIZED OFFICER OF CEMSTONE. THESE WARRANTIES EXTEND ONLY TO CUSTOMER AND ARE NOT INTENDED TO BENEFIT OTHER PARTIES. e) When possible, Cemstone will pass on available product warranties or guarantees provided by others to the Customer, but Customer understands and agrees that such warranties or guarantees are not being provided by Cemstone and that Cemstone will not fulfill the terms of such warranties or guarantees, but will assist the Customer in gaining access to or information regarding the provider of such warranty or guarantee.

Warranties, Remedies and Limitations. a) Cemstone warrants to Customer that, at the time of delivery, the goods sold will conform substantially to the description on the face of the specific quotation. If a substitution or “or equal” approval is included the Customer is fully responsible for obtaining all necessary approvals. CEMSTONE’S LIABILITY AND CUSTOMER’S REMEDY UNDER THIS WARRANTY ARE LIMITED AT CEMSTONE’S DISCRETION TOCemstone’s liability and Customer’s remedy under this warranty are limited at Cemstone’s discretion to 1) replacement of delivered ready-mixed concrete ONLY which is shown to Cemstone’s reasonable satisfaction to have been non-conforming; or 2) a refund of the purchase price; or, 3) if not paid, to a credit in the amount of the purchase price. In no event shall Cemstone be responsible for incidental or consequential damages of any kind. b) Cemstone warrants to Customer that it will convey good title to the goods sold hereunder. c) Cemstone shall not be responsible for, or pay, any charges for inspection or tests made by or on behalf of Customer. d) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE UNIFORM COMMERCIAL CODE (“UCC”) WARRANTY OF MERCHANTABILITY AND THE UCC WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THE REMEDIES OF CUSTOMER FOR ANY BREACH OF WARRANTY SHALL BE LIMITED TO THOSE PROVIDED HEREIN. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR LIMITATIONS WILL BE BINDING UPON CEMSTONE UNLESS IN WRITING, SIGNED BY A DULY AUTHORIZED OFFICER OF CEMSTONE. THESE WARRANTIES EXTEND ONLY TO CUSTOMER AND ARE NOT INTENDED TO BENEFIT OTHER PARTIESCEMSTONE (I.E., DURA-CRETE®). e) When possible, Cemstone will pass on available product warranties or guarantees provided by others on to the Customer, but Customer understands and agrees that such warranties or guarantees are not being provided by Cemstone and that Cemstone will not fulfill the terms of such warranties or guarantees, but will to the best of its ability assist the Customer in gaining access to or information regarding the provider of such warranty or guarantee.

Warranties, Remedies and Limitations. a11.1 Daramic warrants that the Golf Cart Separators used in the construction of golf cart batteries hereunder do not or will not infringe any patent of the country of original manufacture by Daramic. Daramic shall defend and hold Exide harmless from and against any and all claims, liabilities and costs (including reasonable attorneys' fees) Cemstone warrants incurred by Exide as a result of any breach of this non-infringement warranty. Daramic's liability under this warranty is conditioned upon (i) Exide giving prompt written notice of any claim of patent infringements made against Exide, (ii) Exide making available to Customer thatDaramic all information available to Exide in respect of the claim, at and (iii) Exide's granting Daramic control of its settlement and/or litigation, provided, however, that Daramic shall not settle or compromise any claim in a matter that affects the time rights or interests of deliveryExide without Exide's prior written consent and further provided that if Exide's consent is not granted, the goods sold will conform substantially then Daramic's obligation to defend and hold Exide harmless shall cease and be of no further force and effect as it relates to the description on particular claim in question. Daramic may discontinue delivery of Golf Cart Separators if, in Daramic's opinion, their manufacture would constitute patent infringement. Daramic makes no warranty against patent infringement resulting from use of Golf Cart Separators in combination with other materials or in the face operation of any process or resulting from the specific quotation. If production of Golf Cart Separators using specifications provided or required by Exide, and if a substitution claim, suit or “or equal” approval action is included the Customer is fully responsible for obtaining all necessary approvals. CEMSTONE’S LIABILITY AND CUSTOMER’S REMEDY UNDER THIS WARRANTY ARE LIMITED AT CEMSTONE’S DISCRETION TO b) Cemstone warrants to Customer that it will convey good title to the goods sold hereunderbased thereon, Exide shall defend, indemnify and hold Daramic harmless therefrom. c) Cemstone shall not be responsible for11.2 DARAMIC WARRANTS THAT IT WILL PRODUCE THE GOLF CART SEPARATORS IN A GOOD AND WORKMANLIKE MANNER AND THAT THE GOLF CART SEPARATORS DELIVERED TO EXIDE WILL CONFORM TO THE SPECIFICATIONS. WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE INCLUDED. DARAMIC ALSO WARRANTS TO EXIDE THAT IT WILL CONVEY GOOD TITLE TO THE GOLF CART SEPARATORS SOLD AND DELIVERED HEREUNDER FREE OF ANY LIENS AND ENCUMBRANCES. DARAMIC HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES EXCEPT THOSE EXPRESSLY SET FORTH IN THIS SECTION 11. THE REMEDIES OF EXIDE FOR ANY BREACH OF WARRANTY SHALL, or paySUBJECT TO THE OTHER TERMS OF THIS AGREEMENT, any charges for inspection or tests made by or on behalf of Customer. d) BE THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED REPLACEMENT OF THE NONCONFORMING PRODUCT OR, IN LIEU THE SOLE DISCRETION OF EXIDE, REFUND FOR THE PRICE PAID FOR ANY NONCONFORMING PRODUCT, TO THE EXCLUSION OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIEDREMEDIES, INCLUDING, WITHOUT LIMITATION, THE UNIFORM COMMERCIAL CODE (“UCC”) WARRANTY OF MERCHANTABILITY AND THE UCC WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE SPECIAL, PUNITIVE, INDIRECT OR OTHERWISE. THE REMEDIES OF CUSTOMER FOR ANY BREACH OF WARRANTY SHALL BE LIMITED TO THOSE PROVIDED HEREINCONSEQUENTIAL DAMAGES. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR LIMITATIONS WARRANTIES WILL BE BINDING UPON CEMSTONE DARAMIC UNLESS IN WRITING, SIGNED BY A DULY AUTHORIZED AN OFFICER OF CEMSTONE. THESE WARRANTIES EXTEND ONLY TO CUSTOMER AND ARE NOT INTENDED TO BENEFIT OTHER PARTIESDARAMIC. e) When possible, Cemstone will pass on available product warranties or guarantees provided by others to the Customer, but Customer understands and agrees that such warranties or guarantees are not being provided by Cemstone and that Cemstone will not fulfill the terms of such warranties or guarantees, but will assist the Customer in gaining access to or information regarding the provider of such warranty or guarantee.

Warranties, Remedies and Limitations. (a) Cemstone SERVICES - SKYWAY warrants to Customer that Services will be performed in a workmanlike manner. SKYWAY’s liability and Customer’s remedy with respect to Services are limited to correction of such Services as are shown, to SKYWAY’s reasonable satisfaction, not to have complied with this warranty, provided that written notice of such non- compliance shall have been given to SKYWAY by Customer within thirty (30) days after such Services are performed. SKYWAY is the customer of record with all service carriers and is solely responsible for paying all charges billed by such carriers to SKYWAY, and retains all rights associated with the use of telephone numbers and access codes assigned to SKYWAY and provided to Customer. (b) LEASED OR RENTED EQUIPMENT - Equipment leased hereunder, when installed, will be in good working order. SKYWAY’s liability and Customer's remedy with respect to leased or rented equipment are limited to repair or replacement of such equipment, as determined by SKYWAY. (c) GOODS - SKYWAY warrants to Customer that, at the time of delivery, the new and/or remanufactured goods sold purchased hereunder will conform substantially be free from defects in material and manufacture. SKYWAY’s liability and Customer’s remedy under this warranty are limited to the description on the face repair or replacement, as determined by SKYWAY, of goods or components thereof returned to SKYWAY which are shown, to SKYWAY’s reasonable satisfaction, to be defective, provided that written notice of the specific quotationdefect shall have been given to SKYWAY by Customer within thirty (30) days after delivery of such goods. If a substitution or “or equal” approval SKYWAY is included the Customer is fully responsible for obtaining all necessary approvals. CEMSTONE’S LIABILITY AND CUSTOMER’S REMEDY UNDER THIS WARRANTY ARE LIMITED AT CEMSTONE’S DISCRETION TO b) Cemstone warrants authorized to grant to Customer a warranty provided by the manufacturer of the goods, such warranty shall be the exclusive warranty applicable to this Agreement. SKYWAY warrants that upon the purchase of new or remanufactured goods, it will convey good title to goods sold. SKYWAY’s liability and Customer’s remedy are limited to the removal of any title defect or, at the election of SKYWAY, the replacement of the goods sold hereunderor components which are defective in title. ci. Desktop / eFAX - All software and services are provided "as is," and SKYWAY does not make any express or implied representations or warranties to you regarding the usability, condition or operation thereof. SKYWAY does not warrant that access to or use of the Desktop Fax Services will be uninterrupted or error-free, or that software or services will meet any particular criteria of performance or quality. SKYWAY expressly disclaims all implied warranties, including without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security or accuracy. ii. Your use of SKYWAY Desktop Fax and all software and services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material (including all software) Cemstone obtained either directly or indirectly from SKYWAY. You agree that SKYWAY will not be liable for damages (including consequential or special damages) arising out of your use or inability to use Desktop Fax or any other software and services, and you hereby waive any claims with respect hereto, whether based on contractual, tort, or other grounds, even if SKYWAY has been advised of the possibility of damages. The entire liability of SKYWAY and your exclusive remedy with respect to the use of the Fax software and services is limited to the Lesser of: (I) The amount actually paid by you for access to and use of the software or services in the month preceding the date of your claim or (II) CAD $200.00. You hereby release SKYWAY from any and all obligations, liabilities and claims in excess of this limitation. iii. SKYWAY shall not be responsible forheld liable in any way or by any means, either directly or indirectly, for any communications difficulties which could lead to the interruption of data delivery service to the customer's email address, pager, telephone or any other receiving devices or third-party data storage and/or delivery services. iv. You will not rely on any representation or warranty, expressed or implied, made by any person other than an authorized officer of SKYWAY, in evaluating the Desktop Fax service or any other services and/or products of SKYWAY. (e) EXCLUSIVE WARRANTIES and REMEDIES - The express warranties set forth in this agreement are in lieu of, and SKYWAY hereby disclaims, any and all other express and/or implied conditions, representations or warranties including, but not limited to, conditions, representations or warranties of merchantability, fitness for a particular purpose, non- infringement and title, and any conditions, representations or warranties arising from a course of dealing, usage, or paytrade practice. SKYWAY does not warrant that the service will be uninterrupted, error free, or completely secure. The remedies of Customer shall be limited to those expressly provided in this Agreement to the exclusion of any and all other remedies including, but not limited to, any charges for inspection obligation, liability, right, claim or tests made remedy in contract, tort, product or strict liability, whether or not arising from SKYWAY’S negligence, actual or imputed. No agreement varying or extending the warranties, conditions, representations, remedies, or any limitations in this agreement shall be binding upon SKYWAY unless in writing signed by or on behalf a duly authorized representative of CustomerSKYWAY. d(f) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU LOSS OF ANY AND ALL OTHER WARRANTIESDATA - SKYWAY shall not be liable, EXPRESSED OR IMPLIEDunder any circumstances, INCLUDING, WITHOUT LIMITATION, THE UNIFORM COMMERCIAL CODE (“UCC”) WARRANTY OF MERCHANTABILITY AND THE UCC WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THE REMEDIES OF CUSTOMER FOR ANY BREACH OF WARRANTY SHALL BE LIMITED TO THOSE PROVIDED HEREIN. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR LIMITATIONS WILL BE BINDING UPON CEMSTONE UNLESS IN WRITING, SIGNED BY A DULY AUTHORIZED OFFICER OF CEMSTONE. THESE WARRANTIES EXTEND ONLY TO CUSTOMER AND ARE NOT INTENDED TO BENEFIT OTHER PARTIESfor any loss or damage to data. e) When possible, Cemstone will pass on available product warranties or guarantees provided by others to the Customer, but Customer understands and agrees that such warranties or guarantees are not being provided by Cemstone and that Cemstone will not fulfill the terms of such warranties or guarantees, but will assist the Customer in gaining access to or information regarding the provider of such warranty or guarantee.

Warranties, Remedies and Limitations. (a) Cemstone SERVICES - EPIK warrants to Customer that Services will be performed in a workmanlike manner. EPIK's liability and Customer’s remedy with respect to Services are limited to correction of such Services as are shown, to EPIK's reasonable satisfaction, not to have complied with this warranty, provided that written notice of such non-compliance shall have been given to EPIK by Customer within thirty (30) days after the date of the alleged breach. EPIK, may at its option be the customer of record with all service carriers and, if so, will be responsible for paying charges billed by such carriers to EPIK, and retains all rights associated with the use of telephone numbers and access codes assigned to EPIK and provided to Customer. Customer shall indemnify and save harmless EPIK from and against any loss or damage (including legal fees) associated with any claim by a carrier or other supplier arising out of Customer’s breach of the terms of this Agreement. (b) LEASED OR RENTED EQUIPMENT - Equipment leased hereunder, when installed, will be in good working order. EPIK's liability and Customers remedy with respect to leased or rented equipment are limited to repair or replacement of such equipment, as determined by EPIK, provided that written notice of the defect shall have been given to EPIK by Customer within thirty (30) days after installation. (c) GOODS - EPIK warrants to Customer that, at the time of delivery, the new and/or remanufactured goods sold purchased hereunder will conform substantially be free from defects in material and manufacture. EPIK's liability and Customer’s remedy under this warranty are limited to the description on the face repair or replacement, as determined by EPIK, of goods or components thereof returned to EPIK which are shown, to EPIK's reasonable satisfaction, to be defective, provided that written notice of the specific quotationdefect shall have been given to EPIK by Customer within thirty (30) days after delivery of such goods. If a substitution or “or equal” approval EPIK is included the Customer is fully responsible for obtaining all necessary approvals. CEMSTONE’S LIABILITY AND CUSTOMER’S REMEDY UNDER THIS WARRANTY ARE LIMITED AT CEMSTONE’S DISCRETION TO b) Cemstone warrants authorized to grant to Customer a warranty provided by the manufacturer of the goods, such warranty shall be the exclusive warranty applicable to this Agreement. EPIK warrants that upon the purchase by Customer of new or remanufactured goods, it will convey good title to goods sold. EPIK's liability and Customer's remedy are limited to the removal of any title defect or, at the election of EPIK, the replacement of the goods sold hereunderor components which are defective in title. c) Cemstone shall not be responsible for, or pay, any charges for inspection or tests made by or on behalf of Customer. (d) i. SOFTWARE - ALL SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND EPIK DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU USABILITY, CONDITION OR OPERATION THEREOF. EPIK DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT SOFTWARE OR SERVICES WILL MEET ANY AND PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. EPIK EXPRESSLY DISCLAIM ALL OTHER IMPLIED WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, THE UNIFORM COMMERCIAL CODE (“UCC”) WARRANTY WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, TITLE, AND THE UCC WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR OTHERWISE. THE REMEDIES OF CUSTOMER FOR ANY BREACH OF WARRANTY SHALL BE LIMITED TO THOSE PROVIDED HEREIN. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR LIMITATIONS WILL BE BINDING UPON CEMSTONE UNLESS IN WRITING, SIGNED BY A DULY AUTHORIZED OFFICER OF CEMSTONE. THESE WARRANTIES EXTEND ONLY TO CUSTOMER AND ARE NOT INTENDED TO BENEFIT OTHER PARTIESACCURACY. e) When possible, Cemstone will pass on available product warranties or guarantees provided by others to the Customer, but Customer understands and agrees that such warranties or guarantees are not being provided by Cemstone and that Cemstone will not fulfill the terms of such warranties or guarantees, but will assist the Customer in gaining access to or information regarding the provider of such warranty or guarantee.

Warranties, Remedies and Limitations. aNEW EQUIPMENT a. Standard Equipment ("Equipment") Cemstone manufactured by Seller and sold hereunder is warranted to be free from defects in workmanship and material for a period of one year from the date of shipment. During the warranty period, the Seller's liability and Xxxxx's remedy under this warranty are limited to the repair or replacement, at Seller's option, of products found in Seller's reasonable judgment to have been defective in workmanship or material, with Seller's maximum liability being limited to the original price of the Equipment. For components or units purchased by Seller, this warranty shall apply only to the extent of the warranty granted by the suppliers thereof. Seller will not pay for travel and living expenses incurred in connection with the repair or replacement, which expenses will be billed to the Buyer at Seller's prevailing rates. This warranty is conditional upon receipt by Seller of written notice of defects within fifteen days after discovery by Buyer within the warranty period. Unless Buyer provides Seller with written documentation of the maintenance performed on the Equipment, Seller reserves the right not to honor a warranty claim. Unless specifically agreed in writing, Seller shall have no responsibility for the overall performance of Xxxxx’s equipment not worked on by Seller. This warranty does not cover any defects or failures due to (i) negligence, accidents, abuse, improper operation, improper maintenance, improper electrical/mechanical interfacing of Seller products with other products, electrical failure, or abnormal conditions of moisture, temperature, dirt, and corrosive matter, (ii) products tampered with or altered, modified or repaired by anyone not previously approved by Seller, (iii) products damaged in shipment or otherwise without Seller's fault. This warranty does not include the cost of any labor for diagnostic purposes or expenses incurred for the adjustment of products sold hereunder. Transportation charges and risk of loss for allegedly defective products will be assumed by Seller only if returned by Buyer in strict accordance with written instructions from Seller. Replacement parts and charges associated with their replacement will be charged to the Buyer until defective parts are returned under a returned goods authorization from Seller, prepaid, accompanied by an Authorized Return of Goods Tag, to Seller's plant in De Pere, Wisconsin. If, in the opinion of Seller, the parts are found to be defective, then credit will be given to the Buyer for the replacement parts. This warranty does not apply to experimental, developmental or non- standard products which are sold "as is". b. Seller warrants that the products sold hereunder will not in and of themselves infringe any patent issued in the United States of America. Seller's liability under this warranty is limited to Seller's defense of any suit or proceeding brought against Buyer based on a claim that any Seller product sold hereunder when employed in the manner intended by Seller constitutes an infringement of any patent of the United States. Seller's liability hereunder is conditioned upon Xxxxx's giving prompt written notice of any such claim made against Buyer, all such information available to Buyer and such assistance as required by Seller in respect to such claim and Xxxxx's granting to Seller exclusive control of the settlement and litigation of any such suit, proceeding or claim. If Buyer's use of the product in the manner intended by Seller is finally enjoined, Seller shall at its option (i) procure for Buyer the right to continue using the product, (ii) replace same with a non-infringing product, (iii) modify the product so it becomes non-infringing but equivalent or (iv) remove the product and refund the purchase price (less allowance for use, damage and obsolescence). In no event will Seller be liable for any patent infringement based on the use of the product for a purpose other than that for which it is sold by Seller. Seller makes no warranty against patent infringement resulting from products made to Buyer's specification or the use of the product in combination with other products or in the practice of any process and if a claim, suit or action is based thereon Buyer shall defend, indemnify and save Seller harmless therefrom. Notwithstanding the foregoing, in no event shall Seller's liability to Buyer under this Section 2b. exceed $500,000 USD. c. Seller warrants to Customer that, at the time of delivery, the goods sold will conform substantially to the description on the face of the specific quotation. If a substitution or “or equal” approval is included the Customer is fully responsible for obtaining all necessary approvals. CEMSTONE’S LIABILITY AND CUSTOMER’S REMEDY UNDER THIS WARRANTY ARE LIMITED AT CEMSTONE’S DISCRETION TO b) Cemstone warrants to Customer Buyer that it will convey good title to the goods Equipment sold hereunder. Seller's liability and Xxxxx's remedy under this warranty are limited to the removal of any title defect or, at the election of Seller, to the replacement of the Equipment or any part thereof which is defective in title; provided, however, that the rights and remedies of the parties with respect to the patent infringement shall be limited to the provisions of paragraph (b) above. c) Cemstone shall d. Seller is not be responsible for, liable for defects in design arising out of a design stipulated or pay, any charges for inspection or tests made specified by or on behalf of Customer. d) THE Buyer. SELLER'S FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN BY SELLER AND ACCEPTED BY BUYER IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, THE UNIFORM COMMERCIAL CODE (“UCC”) WARRANTY IMPLIED WARRANTIES OF MERCHANTABILITY AND THE UCC WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISEFITNESS. THE REMEDIES OF CUSTOMER BUYER FOR ANY BREACH OF WARRANTY SHALL BE LIMITED TO THOSE PROVIDED HEREIN, AND FOR DELAY OR NONDELIVERY WHICH IS NOT EXCUSABLE SHALL BE LIMITED TO THE PURCHASE PRICE OF THE EQUIPMENT IN RESPECT OF WHICH THE DELAY OR NONDELIVERY IS CLAIMED, TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE OR PROFITS. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR LIMITATIONS THIS LIMITATION WILL BE BINDING UPON CEMSTONE SELLER UNLESS IN WRITING, WRITING SIGNED BY A DULY AUTHORIZED OFFICER OF CEMSTONE. THESE WARRANTIES EXTEND ONLY TO CUSTOMER AND ARE NOT INTENDED TO BENEFIT OTHER PARTIESSELLER. e) When possible, Cemstone will pass on available product warranties or guarantees provided by others to the Customer, but Customer understands and agrees that such warranties or guarantees are not being provided by Cemstone and that Cemstone will not fulfill the terms of such warranties or guarantees, but will assist the Customer in gaining access to or information regarding the provider of such warranty or guarantee.