Liability Cap

Contracting for Profit

Liability Cap

IN NO EVENT SHALL SELLER'S LIABILITY, ON ANY CLAIM OF ANY KIND, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE REMANUFACTURING, USE, REPAIR OR OPERATION OF THE REMANUFACTURED EQUIPMENT PROVIDED HEREUNDER EXCEED THE AMOUNT OF THE CONTRACT PRICE, ACTUALLY PAID UNDER THIS CONTRACT THAT IS ALLOCABLE TO THE REMANUFACTURED EQUIPMENT OR PART(S) THEREOF WHICH GIVES RISE TO THE CLAIM. THE PARTIES AGREE THAT THE LIMITATION IN THE PREVIOUS SENTENCE AND THE EXCLUSION OF CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IF THE REMEDIES FOR BREACH OF WARRANTY PROVIDED IN THIS CONTRACT FAIL THEIR ESSENTIAL PURPOSE AND SHALL SURVIVE ANY CANCELLATION OR OTHER TERMINATION OF THIS CONTRACT.

In the event that any provision or part of this contract is or becomes invalid or illegal in whole or in part, such provision shall from that time be deemed amended so as to, as nearly as possible, be consistent with the intent expressed in this contract. If this be impossible, such provisions or part thereof shall be deemed deleted, but shall not in any way invalidate any of the remaining provisions.

The fact that the wording of this contract has been provided by one party or the other shall not be considered in its construction or interpretation. This contract is the entire agreement and understanding between the parties and supersedes all previous negotiations, comments and writings. No modification of this contract is binding on either party unless signed and in writing and consented to by the other party bound.