7.
LIMITATION OF LIABILITY.
End-User specifically
acknowledges that the Product may be operated at high
speeds and/or pressures, and that as such it may be
inherently dangerous if not used correctly. End-User shall
familiarize itself with all operation materials provided by
StoneAge and shall at all times use and require its agents,
employees and contractors to use all necessary and
appropriate safety devices, guards and proper safe operating
procedures. In no event shall StoneAge be responsible
for any injuries to persons or property caused directly or
indirectly by the operation of the Product if End-User or
any agent, employee, or contractor of End-User: (1) fails to
use all necessary and appropriate safety devices, guards
and proper safe operating procedures; (2) fails to maintain
in good working order such safety devices and guards; (3)
alters or modifies the Product in any way not approved by
StoneAge in advance in writing; (4) allows the Product to
be operated under more severe conditions or beyond the
rated capacity specified for the Product; or (5) otherwise
negligently operates the Product. End-User shall indemnify
and hold StoneAge harmless from any and all liability or
obligation incurred by or against StoneAge, including costs
and attorneys’ fees, to or by any person so injured.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW,
STONEAGE SHALL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF
PROFITS, LOSS OF GOODWILL, DIMINUTION OF VALUE,
WORK STOPPAGE, INTERRUPTION OF BUSINESS, RENTAL
OF SUBSTITUTE PRODUCT, OR OTHER COMMERCIAL
LOSS EVEN TO THE EXTENT SUCH DAMAGES WOULD
CONSTITUTE DIRECT DAMAGES), WITH RESPECT TO
THE COVERED STONEAGE PRODUCT, OR OTHERWISE
IN CONNECTION WITH THIS LIMITED WARRANTY,
REGARDLESS OF WHETHER STONEAGE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IT IS UNDERSTOOD THAT STONEAGE’S LIABILITY,
WHETHER IN CONTRACT, IN TORT, UNDER ANY
WARRANTY, IN NEGLIGENCE, OR OTHERWISE SHALL NOT
EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID
BY THE END-USER FOR THE PRODUCT. STONEAGE’S
MAXIMUM LIABILITY SHALL NOT EXCEED, AND END-
USER’S REMEDY IS LIMITED TO EITHER (1) REPAIR OR
REPLACEMENT OF THE DEFECTIVE WORKMANSHIP OR
MATERIAL OR, AT STONEAGE’S OPTION, (2) REFUND OF
THE PURCHASE PRICE, OR (3) ISSUANCE OF A CREDIT FOR
THE PURCHASE PRICE, AND SUCH REMEDIES SHALL BE
END-USER’S ENTIRE AND EXCLUSIVE REMEDY.
YOU, THE END-USER, UNDERSTAND AND EXPRESSLY
AGREE THAT THE FOREGOING LIMITATIONS ON LIABILITY
ARE PART OF THE CONSIDERATION IN THE PRICE OF THE
STONEAGE PRODUCT YOU PURCHASED.
Some jurisdictions do not allow the limitation or exclusion
of liability for certain damages, so the above limitations and
exclusions may not apply to you. This Limited Warranty gives
you specific legal rights, and you may also have other rights
which vary from jurisdiction to jurisdiction. If any provisions
of this Limited Warranty is held to be invalid or unenforceable,
such invalidity or unenforceability shall not affect the validity
or enforceability of the other portions hereof.
TERMS AND CONDITIONS AND WARRANTY INFORMATION
31
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