Koolaire STH045 8/15 Technician's Handbook page 23

LIMITATIONS OF LIABILITY
The preceding paragraphs set forth the exclusive
remedy for all claims based on failure of, or defect in,
Ice Storage Bins sold hereunder, whether the failure or
defect arises before or during the Warranty period and
whether a claim, however instituted , is based on
contract, indemnity, Warranty, tort (including
negligence), strict liability ,implied by statute, common-
law or otherwise, and Company and agents shall not
be liable for any claims for personal injuries or
consequential damages or loss, howsoever caused.
Upon the expiration of the Warranty period, all such
liability shall terminate. THE FOREGOING
WARRANTIES ARE EXCLUSIVE AND IN LIEU OF
ALL OTHER WARRANTIES, WHETHER WRITTEN,
ORAL, IMPLIED OR STATUTORY. NO IMPLIED
WARRANTY OF MERCANTABILITY OR FITNESS
FOR PARTICULAR PURPOSE SHALL APPLY;
COMPANY DOES NOT WARRANTY ANY
PRODUCTS OR SERVICES OF OTHERS.
REMEDIES
The liability of Company for breach of any Warranty
obligation
hereunder is limited to: (i) the repair or replacement of
the Ice Storage Bin on which the liability is based, or
with respect to services, re-performance of the
services; or (ii) at Company's option, the refund of the
amount paid for the said equipment or services, Any
breach by Company with respect to any item or unit or
equipment or services shall be deemed a breach with
respect to any item or unit of equipment or services
shall be deemed a breach with respect to that item or
unit or service only.
Part Number STH045 8/15 23