INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, SUCH PRODUCT, EVEN IF
GIGA-TMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY OTHER PARTY.
LIMITATION ON LIABILITY
EXCEPT AS PROVIDED IN THE SECTIONS RELATING TO GIGA-TMS’S LIMITED WARRANTY,
GIGA-TMS’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE CONTRACT PRICE OF THIS
PRODUCT.
GIGA-TMS MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCT, EXPRESSED OR
IMPLIED, EXCEPT AS MAY BE STATED IN THIS AGREEMENT, AND GIGA-TMS DISCLAIMS ANY
IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GIGA-TMS SHALL NOT BE LIABLE FOR CONTINGENT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES TO PERSONS OR PROPERTY. GIGA-TMS FURTHER LIMITS ITS LIABILITY OF ANY KIND
WITH RESPECT TO THE PRODUCT, INCLUDING ANY NEGLIGENCE ON ITS PART, TO THE
CONTRACT PRICE FOR THE GOODS.
GIGA-TMS’S SOLE LIABILITY AND BUYER’S EXCLUSIVE REMEDIES ARE STATED IN THIS SECTION
AND IN THE SECTION RELATING TO GIGA-TMS’S LIMITED WARRANTY.
