3.2
EXCLUSIVE REMEDY
It is expressly agreed that the
Purchaser’s sole and exclusive remedy
for breach of the above warranty, for
any tortious conduct of Marconi, or
for any other cause of action, shall be
the repair and/or replacement, at
Marconi’s option, of any equipment or
parts thereof, that after examination
by Marconi are proven to be defective.
Replacement equipment and/or parts
will be provided at no cost to the
purchaser, F.O.B. Marconi’s plant.
Failure of Marconi to successfully
repair any non-conforming product
shall not cause the remedy established
hereby to fail of its essential purpose.
3.3
EXCLUSION OF
CONSEQUENTIAL DAMAGES
EXCLUSION OF CONSEQUENTIAL
DAMAGES – PURCHASER
SPECIFICALLY UNDERSTANDS AND
AGREES THAT UNDER NO
CIRCUMSTANCES WILL MARCONI
BE LIABLE TO PURCHASER FOR
ECONOMIC, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES
OR LOSSES OF ANY KIND
WHATSOEVER INCLUDING, BUT
NOT LIMITED TO, LOSS OF
ANTICIPATED PROFITS AND ANY
OTHER LOSS CAUSED BY REASON
OF THE NON-OPERATION OF THE
GOODS. THIS EXCLUSION IS
APPLICABLE TO CLAIMS FOR
BREACH OF WARRANTY, TORTIOUS
CONDUCT OR ANY OTHER CAUSE
OF ACTION AGAINST MARCONI.
31
