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2019 Siemens Industry, Inc.
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period, or refund of all or part of the purchase price. The warranty on repaired or replaced parts is limited
to the remainder of the original warranty period. Unless Siemens agrees otherwise in writing, Buyer will be
responsible for any costs associated with: (i) gaining access to the Product; (ii) removal, disassembly,
replacement, installation, or reinstallation of any equipment, materials or structures to permit Siemens to
perform its warranty obligations; (iii) transportation to and from the Siemens factory or repair facility; and
(iv) damage to equipment components or parts resulting in whole or in part from non-compliance by the
Buyer with Article 9(b) or from their deteriorated condition. All exchanged Products replaced under this
Warranty will become the property of Siemens.
(f)
Transferability.
The Warranties are only tra
nsferable during the warranty period and only to the Product’s
initial end-user.
(g) THE WARRANTIES IN SECTION 7 OF THIS DOCUMENT ARE SIEMENS'S SOLE AND EXCLUSIVE
WARRANTIES AND ARE SUBJECT TO THE LIMITS OF LIABILITY IN
LIMITATION OF LIABILITY
,
BELOW. SIEMENS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.
LIMITATION OF LIABILITY.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE
CONTRARY, SIEMENS IS NOT LIABLE, WHETHER BASED IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL OR EQUITABLE
THEORY, FOR: LOSS OF USE, REVENUE, SAVINGS, PROFIT, INTEREST, GOODWILL OR
OPPORTUNITY, COSTS OF CAPITAL, COSTS OF REPLACEMENT OR SUBSTITUTE USE OR
PERFORMANCE, LOSS OF INFORMATION AND DATA, LOSS OF POWER, VOLTAGE
IRREGULARITIES OR F
REQUENCY FLUCTUATION, CLAIMS ARISING FROM BUYER’S THIRD PARTY
CONTRACTS, OR FOR ANY TYPE OF INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE, EXEMPLARY,
COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST
OF A SIMILAR TYPE.
SIEMENS’S MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE ACTUAL PURCHASE PRICE
RECEIVED BY SIEMENS FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM.
BUYER AGREES THAT THE EXCLUSIONS AND LIMITATIONS IN THIS
LIMITATION OF LIABILITY
WILL
PREVAIL OVER ANY CONFLICTING TERMS AND CONDITIONS IN THIS AGREEMENT AND MUST BE
GIVEN FULL FORCE AND EFFECT, WHETHER OR NOT ANY OR ALL SUCH REMEDIES ARE
DETERMINED TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS OF
LIABILITY ARE EFFECTIVE, EVEN IF SIEMENS HAS BEEN ADVISED BY BUYER OF THE POSSIBILITY
OF SUCH DAMAGES. THE WAIVERS AND DISCLAIMERS OF LIABILITY, RELEASES FROM LIABILITY
AND LIMITATIONS ON LIABILITY EXPRESSED IN THIS
LIMITATION OF LIABILITY
EXTEND TO
SIEMENS’ AFFILIATES, PARTNERS, PRINCIPALS, SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES, SUPPLIERS, AGENTS, AND SUCCESSORS AND ASSIGNS.