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THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES (EXCEPT AS TO TITLE), WHETHER EXPRESSED OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE,
AND ARE IN LIEU OF ALL OTHER OBLIGATIONS OR LIABILITIES ON
THE PART OF PACIFIC SCIENTIFIC. PACIFIC SCIENTIFIC’S MAXIMUM
LIABILITY WITH RESPECT TO THESE WARRANTIES, ARISING FROM
ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION,
BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT,
WARRANTY, PATENT OR COPYRIGHT INFRINGEMENT, SHALL NOT
EXCEED THE PRICE SPECIFIED OF THE PRODUCTS OR PROGRAMS
GIVING RISE TO THE CLAIM, AND IN NO EVENT SHALL PACIFIC
SCIENTIFIC BE LIABLE UNDER THESE WARRANTIES OR OTHERWISE,
EVEN IF PACIFIC SCIENTIFIC HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE OR LOSS
RESULTING FROM INABILITY TO USE THE PRODUCTS OR PROGRAMS,
INCREASED OPERATING COSTS RESULTING FROM A LOSS OF THE
PRODUCTS OR PROGRAMS, LOSS OF ANTICIPATED PROFITS, OR
OTHER SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
WHETHER SIMILAR OR DISSIMILAR, OF ANY NATURE ARISING OR
RESULTING FROM THE PURCHASE, INSTALLATION, REMOVAL,
REPAIR, OPERATION, USE OR BREAKDOWN OF THE PRODUCTS OR
PROGRAMS, OR ANY OTHER CAUSE WHATSOEVER, INCLUDING
NEGLIGENCE.
The foregoing shall also apply to Products, Programs, or parts for the same which
have been repaired or replaced pursuant to such warranty, and within the period of
time, in accordance with Pacific Scientific’s date of warranty.
No person, including any agent, distributor, or representative of Pacific Scientific,
is authorized to make any representation or warranty on behalf of Pacific Scientific
concerning any Products or Programs manufactured by Pacific Scientific, except to
refer purchasers to this warranty.
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