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46
THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REMEDIES FOR
BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY SET
FORTH ABOVE, SELLER GRANTS NO OTHER WARRANTIES, EXPRESS OR
IMPLIED BY STATUTE OR OTHERWISE, REGARDING THE PRODUCTS,
THEIR FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR
MERCHANTABILITY, THEIR NONINFRINGEMENT, OR OTHERWISE. NO
EMPLOYEE OF SELLER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE
ANY WARRANTY FOR THE GOODS OTHER THAN THE WARRANTY SET
FORTH HEREIN. SELLER’S LIABILITY UNDER THE WARRANTY SHALL BE
LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT. IN NO
EVENT SHALL SELLER BE LIABLE FOR THE COST OF PROCUREMENT OR
INSTALLATION OF SUBSTITUTE GOODS BY BUYER OR FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES.
Buyer assumes the risk and agrees to indemnify Seller against and hold Seller
harmless from all liability relating to (i) assessing the suitability for Buyer’s intended
use of the Products and of any system design or drawing and (ii) determining the
compliance of Buyer’s use of the Products with applicable laws, regulations, codes,
and standards. Buyer retains and accepts full responsibility for all warranty and
other claims relating to or arising from Buyer’s products, which include or
incorporate Products or components manufactured or supplied by Seller. Buyer is
solely responsible for any and all representations and warranties regarding the
Products made or authorized by Buyer. Buyer will indemnify Seller and hold Seller
harmless from any liability, claims, loss, cost, or expenses (including reasonable
attorney’s fees) attributable to Buyer’s products or representations or warranties
concerning same.