11
1.9. All requests and notices under this War-
ranty shall be directed to:
CTL c/o. Bio Green USA Inc.
2881 Busse Road
Elk Grove Village, IL 60007
United States
Tel. 1-800-941-3169
1.10. THE WARRANTY SET FORTH IN SEC-
TION 1.1 IS MADE IN LIEU OF ALL OTHER
WARRANTIES (WHETHER EXPRESS OR
IMPLIED), RIGHTS OR CONDITIONS, AND
CUSTOMER ACKNOWLEDGES THAT EX-
CEPT FOR SUCH LIMITED WARRANTY, THE
PRODUCTS ARE PROVIDED “AS IS.” COM-
PANY SPECIFICALLY DISCLAIMS, WITHOUT
LIMITATION, ALL OTHER WARRANTIES, EX-
PRESS OR IMPLIED, OF ANY KIND, INCLU-
DING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND THOSE WAR-
RANTIES ARISING FROM A COURSE OF
PERFORMANCE, A COURSE OF DEALING
OR TRADE USAGE.
2. Limitation of Liability:
2.1. IN NO EVENT SHALL COMPANY BE
LIABLE FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, RE-
VENUE, GOODWILL OR USE, INCURRED BY
CUSTOMER OR ANY THIRD PARTY, WHET-
HER IN AN ACTION IN CONTRACT, TORT,
STRICT LIABILITY, OR IMPOSED BY STA-
TUTE, OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY’S LIABILITY FOR DAMAGES ARI-
SING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT SHALL IN NO EVENT
EXCEED THE PURCHASE PRICE OF THE
PRODUCTS. IT IS AGREED AND ACKNOW-
LEDGED THAT THE PROVISIONS OF THIS
AGREEMENT ALLOCATE THE RISKS BET-
WEEN COMPANY AND CUSTOMER, THAT
COMPANY’S PRICING REFLECTS THIS
ALLOCATION OF RISK, AND BUT FOR THIS
ALLOCATION AND LIMITATION OF LIABI-
LITY, COMPANY WOULD NOT HAVE ENT-
ERED INTO THIS AGREEMENT.
2.2. IN JURISDICTIONS THAT LIMIT THE
SCOPE OF OR PRECLUDE LIMITATIONS
OR EXCLUSION OF REMEDIES OR DAMA-
GES, OR OF LIABILITY, SUCH AS LIABILITY
FOR GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OR DO NOT ALLOW IMPLIED
WARRANTIES TO BE EXCLUDED, THE LIMI-
TATION OR EXCLUSION OF WARRANTIES,
REMEDIES, DAMAGES OR LIABILITY SET
FORTH ABOVE ARE INTENDED TO APPLY
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. CUSTOMER MAY ALSO
HAVE OTHER RIGHTS THAT VARY BY STATE,
COUNTRY OR OTHER JURISDICTION.
