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warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller
during the warranty period shall be in warranty for the remainder of the original warranty period or 90 days, whichever is
longer. This limited warranty is the only warranty made by Seller and can be amended only in a writing signed by an
authorized representative of Seller. The limited warranty herein ceases to be effective if Buyer fails to operate and use the
Goods sold hereunder in a safe and reasonable manner and in accordance with any written instructions from the
manufacturers. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE
OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.
2. Limitation of Remedy and Liability. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE.
THE REMEDIES OF BUYER SET FORTH IN THE AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF
THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY,
OTHER TORT OR OTHERWISE), SHALL SELLER'S LIABILITY TO BUYER AND/OR BUYER'S CUSTOMERS EXCEED THE PRICE TO
BUYER OF THE SPECIFIC GOODS MANUFACTURED OR SERVICES PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR
CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER'S LIABILITY TO BUYER AND/OR BUYER'S
CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM "CONSEQUENTIAL
DAMAGES" SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE OR USE AND COSTS
INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, FUEL AND POWER, AND CLAIMS OF BUYER'S CUSTOMERS.
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