| 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. |
