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TERMS AND CONDITIONS AND WARRANTY INFORMATION
6. DISCLAIMER OF IMPLIED WARRANTIES AND OTHER
REMEDIES. EXCEPT AS EXPRESSLY STATED HEREIN
(AND TO THE FULLEST EXTENT ALLOWED UNDER
APPLICABLE LAW), STONEAGE HEREBY DISCLAIMS
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ALL IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, AND ANY AND ALL
WARRANTIES, REPRESENTATIONS OR PROMISES
AS TO THE QUALITY, PERFORMANCE OR FREEDOM
FROM DEFECT OF THE PRODUCT COVERED BY
THIS LIMITED WARRANTY. STONEAGE FURTHER
DISCLAIMS ALL IMPLIED INDEMNITIES.
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.
