Legal Disclaimer

LIMITS OF LIABILITY

FIRE PUMP PACKAGES LLC (“SELLER”) WARRANTY AS SET FORTH HEREIN IS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER’S SOLE AND EXCLUSIVE WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, QUALITY, COURSE OF DEALING, USAGE OF TRADE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

THE RIGHTS AND REMEDIES SET FORTH HEREIN ARE THE SOLE AND EXCLUSIVE RIGHTS AND REMEDIES AGAINST THE SELLER, EXCEPT FOR THE SPECIFIC LIABILITIES AND OBLIGATIONS PROVIDED HEREIN. THE SELLER SHALL HAVE NO LIABILITY OR OBLIGATION WITH RESPECT TO ANY PRODUCT CLAIMED TO BE DEFECTIVE IN ANY MANNER. THE SELLER SHALL NOT BE HELD LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIFIC, INCIDENTAL, INDIRECT, SUBSEQUENT OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST OR UNREALIZED SALES, REVENUES, PROFITS, COST OR BUSINESS SAVINGS, OR CONTRACTS, LOSS OF GOODWILL, DAMAGE TO REPUTATION, LOSS OF PROPERTY, DAMAGE TO REAL OR PERSONAL PROPERTY CAUSED BY WATER OR FIRE, LOSS OF INFORMATION OR DATA, LOSS OF PRODUCTION, DOWNTIME, OR INCREASED COSTS RELATED TO ANY PRODUCT, EVEN IF THE SELLER IS OR WAS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL FUNCTION OF ANY PRODUCT.

 

IN NO EVENT SHALL THE SELLER’S LIABILITY FOR ANY CLAIM UNDER THIS WARRANTY, INCLUDING FOR BREACH OF WARRANTY OR ANY CAUSE OF ACTION IN CONNECTION WITH AN ALLEGED BREACH OF THIS WARRANTY, EXCEED THE BUYER’S PURCHASE PRICE FOR THE PRODUCTS COVERED BY THIS WARRANTY.