| Limitation
of Liabilities
Buyer shall not in any
event be entitled to, and Seller shall not be liable for any
indirect, special, incidental or consequestial damages of
any nature including, without limitation, business
interruption costs, removal and or/ reinstallation costs,
loss of profit/revenue, loss of data, data recovery cost,
injury to reputation or loss of customers or any expenses
incurred even if seller has been advised of the
possibility of such damages. Buyer's recovery from Seller
for any claim shall not exceed Buyer's Purchase Price for
the product giving rise to such claim irrespective of the
nature of the claim, whether in contract, tort, warranty or
otherwise Seller shall not be liable and Buyer shall not be
indemnify, defend and hold Seller harmless from any claims
based on Seller's compliance with the Buyer's Designs,
specification or instruction, or modification of any
products by parties other the Seller, or use in
combination with other products.
Contract of Sales
Products sold by Seller are not designed, intended or
authorized for use in life support, life sustaining,
nuclear, or other applications in which the failure of such
Products could reasonably be expected to result in personal
injury, loss of life or catastrophic property damage. If
Buyer uses or sells the Products for use in any such
applications: (1) Buyer acknowledges that such use or sale
is at Buyer's sole risk; (2) Buyer agrees that Seller and
the manufacturer of the Products are not liable, in whole or
in part, for any claim or damage arising from such use; and
(3) Buyer agrees to indemnify, defend and hold Seller and
the manufacturer of the Products harmless from and against
any and all claims, damages, losses, costs, expenses and
liabilities arising out of or in connection with such use or
sale. |