DISCLAIMER
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS,
WARRANTIES
, GUARANTEES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING
, SEON
EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF
MERCHANTABILITY
, DURABILITY OR FITNESS FOR PURPOSE AND ANY WARRANTIES OR
MODIFIED WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING
.
Any description of the goods or services, whether in writing or made
orally by Seon or Seon’s agents, specifications, samples, models,
bulletins, drawings, diagrams, engineering sheets or similar materials
used in connection with customer’s order are for the sole purpose of
identifying the goods and/or services and shall not be construed as an
express warranty. Any suggestions by Seon or Seon’s agents regarding
use, applications or suitability of the goods and/or services shall not be
construed as an express warranty unless confirmed to be such in writing
by Seon. Purchaser assumes full responsibility for selecting products to
achieve purchaser’s intended purposes, for properly installing and using
those products, and for verifying the results obtained therefrom.
PURCHASER’S EXCLUSIVE REMEDY AND SEON’S ENTIRE LIABILITY ARISING FROM OR IN
CONNECTION WITH PURCHASER
’S USE OF THE PRODUCTS AND/OR THIS AGREEMENT
SHALL BE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS
, OR REFUND OR CREDIT
OF THE PURCHASE PRICE OF THE PRODUCTS AS SET FORTH ABOVE
. SEON SHALL NOT BE
SUBJECT TO AND DISCLAIMS
: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING
OUT OF BREACH OF CONTRACT OR OF WARRANTY
, (B) ANY OBLIGATIONS WHATSOEVER
ARISING FROM TORT CLAIMS
(INCLUDING NEGLIGENCE, AND STRICT LIABILITY) OR
ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO GOODS SOLD OR SERVICES
RENDERED BY SEON
, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO,
AND
(C) ALL CONSEQUENTIAL, INCIDENTAL, SPECIAL AND CONTINGENT DAMAGES
WHATSOEVER
, EVEN IF SEON HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES
.
Without limiting the generality of the foregoing, Seon specifically
disclaims any liability for property or personal injury damages,
penalties, special or punitive damages, damages for lost profits or
revenues, loss of use of goods or any associated equipment, cost of
capital, cost of substitute goods, facilities or services, down-time, shut-
down or slow-down costs, or for any other types of economic loss, and
for claims of customer’s customers or any third party for any such
damages. Some jurisdictions do not allow limitation or exclusion of
incidental or consequential damages, so this limitation or exclusion
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