55
Rev 1
PROSUN BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH
RESPECT TO THE PRODUCTS DELIVERED HEREUNDER OR SUBSEQUENT USE
THEREOF.
Limitation of Liability:
PROSUN shall not be liable for any loss, damages, or penalty resulting from failure to
perform any of its obligations under this Agreement due to major force or any cause beyond
its reasonable control.
PROSUN’S LIABILITY UNDER OR FOR BREACH OF THIS AGREEMENT SHALL
NOT EXCEED THE REFUND OF THE PURCHASE PRICE LESS REASONABLE
RENTAL FOR PAST USE. IN NO EVENT SHALL PROSUN BE LIABLE FOR COSTS
OF PROCUREMENT OF SUBSTITUTE GOODS BY THE PURCHASER OR FOR
UNAUTHORIZED REPAIRS UNDERTAKEN BY THE PURCHASER WITHOUT PROSUN’S
PREVIOUS WRITTEN APPROVAL. IN NO EVENT SHALL PROSUN BE LIABLE FOR
ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED,
WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. PROSUN
DISCLAIMS ANY OBLIGATION OR LIABILITY FOR LOSS OF USE OF THE PRODUCT
WARRANTED, LOSS OF TIME, INCONVENIENCE, RENTAL OR SUBSTITUTE
PRODUCTS, LOSS OF BUSINESS, LOSS OF INCOME, COMMERCIAL LOSS OR ANY
OTHER DIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES.
Governing Law:
Notwithstanding principles of conflicts of law of any jurisdiction to the contrary, all terms and
provisions of this Agreement are to be construed and governed by the laws of the state of
Florida without regard to the laws of any other jurisdiction. The Purchaser waives any and
all privileges and rights which they may have under Chapter 47, Florida Statutes (1993),
relating to venue as it now exists or may hereafter be amended, and under any other statute,
or administrative provision thereof in any legal action on this Agreement; and further, the
Purchaser agrees that any legal action brought on this Agreement or in connection therewith,
shall be brought in the appropriate court in Pinellas County, Florida.
Attorney’s Fees:
Should a dispute arise with regard to this warranty or any other aspect of this sale the
prevailing party shall be entitled to reasonable attorney’s fees and costs through appeal
under Florida Law.
