Baylis Medical RFP-100A Instructions For Use Manual page 42

DISCLAIMER AND LIMITATION OF LIABILITY
THE LIMITED
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
REMEDIES, OBLIGATIONS AND LIABILITIES OF BAYLIS
MEDICAL, EXPRESSED OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES
FITNESS FOR A PARTICULAR USE OR PURPOSE. ANY
WARRANTY OTHER
EXPRESSLY DISLCAIMED.
THE REMEDY SET FORTH HEREIN SHALL BE THE
EXCLUSIVE REMEDY FOR ANY WARRANTY CLAIM, AND
ADDITIONAL DAMAGES,
DAMAGES OR DAMAGES FOR BUSINESS INTERRUPTION OR
LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED
SAVINGS, DATA, CONTRACT, GOODWILL OR THE LIKE
(WHETHER DIRECT OR INDIRECT IN NATURE) OR FOR ANY
OTHER FORM OF INCIDENTAL, OR INDIRECT DAMAGES OF
ANY KIND, SHALL NOT BE AVAILABLE. THESE PRODUCTS
ARE BEING SOLD ONLY FOR THE PURPOSE DESCRIBED
HEREIN, AND SUCH WARRANTY ONLY RUNS TO THE
PURCHASER. IN NO EVENT SHALL BAYLIS MEDICAL BE
LIABLE FOR ANY BREACH OF WARRANTY IN ANY AMOUNT
EXCEEDING THE PURCHASE PRICE OF THE PRODUCT.
SELLER'S MAXIMUM CUMULATIVE LIABILITY RELATIVE
TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING
OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT
INSURED, WILL
PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY.
SELLER DISCLAIMS
GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED
BY, BUT NOT REQUIRED OF SELLER HEREUNDER. ANY
ACTION AGAINST SELLER MUST BE BROUGHT WITHIN
EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION
ACCRUES. THESE DISCLAIMERS AND LIMITATIONS OF
LIABILITY WILL APPLY REGARDLESS OF ANY OTHER
CONTRARY PROVISION HEREOF AND REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR
OTHERWISE, AND FURTHER WILL EXTEND TO THE
WARRANTY SET
OF MERCHANTABILITY
THAN SET
INCLUDING
NOT EXCEED
ALL LIABILITY
42 DMR RFP-100 3.3 V-13 16-Jan-2012_EN.doc
FORTH HEREIN
FORTH HEREIN
CONSEQUENTIAL
THE COST OF
RELATIVE
IS
AND
IS
THE
TO