Exclusive Remedy; Exclusion Of Consequential Damage - MSA ALTAIR 4X Operating Manual

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THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,

EXPRESSED, IMPLIED OR STATUTORY, AND IS STRICTLY LIMITED

TO THE TERMS HEREOF. SELLER SPECIFICALLY DISCLAIMS ANY

WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A

PARTICULAR PURPOSE.

1.3.2 Exclusive Remedy

It is expressly agreed that Purchaser's sole and exclusive remedy for

breach of the above warranty, for any tortious conduct of Seller, or for

any other cause of action, shall be the replacement at Seller's option, of

any equipment or parts thereof, which after examination by Seller is

proven to be defective.

Replacement equipment and/or parts will be provided at no cost to

Purchaser, F.O.B. Seller's Plant. Failure of Seller to successfully replace

any nonconforming equipment or parts shall not cause the remedy

established hereby to fail of its essential purpose.

Purchaser specifically understands and agrees that under no

circumstances will seller be liable to purchaser for economic, special,

incidental or consequential damages or losses of any kind whatsoever,

including but not limited to, loss of anticipated profits and any other loss

caused by reason of nonoperation of the goods. This exclusion is

applicable to claims for breach of warranty, tortious conduct or any other

cause of action against seller.

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