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9.2
EXCLUSIVE REMEDY
It is expressly agreed that the Purchaser's sole and exclusive remedy for breach of
the above warranty, for any tortious conduct of e2v, or for any other cause of
action, shall be the repair and/or replacement, at e2v's option, of any equipment
or parts thereof, that after examination by e2v are proven to be defective.
Replacement equipment and/or parts will be provided at no cost to the
purchaser, F.O.B. e2v's plant. Failure of e2v to successfully repair any non-
conforming product shall not cause the remedy established hereby to fail of its
essential purpose.
9.3
EXCLUSION OF CONSEQUENTIAL DAMAGES
PURCHASER SPECIFICALLY UNDERSTANDS AND AGREES THAT UNDER NO
CIRCUMSTANCES WILL e2v 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
THE NON-OPERATION OF THE GOODS. THIS EXCLUSION IS APPLICABLE
TO CLAIMS FOR BREACH OF WARRANTY, TORTIOUS CONDUCT OR ANY
OTHER CAUSE OF ACTION AGAINST e2v.
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