2. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY
THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND
BEYOND THE DESCRIPTION ON THE FACE HEREOF. TO THE
FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL
ADI BE LIABLE TO ANYONE FOR ANY (I) CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES
ARISING OUT OF OR RELATING IN ANY WAY TO THE
PRODUCT AND.OR FOR BREACH OF THIS OR ANY OTHER
WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OR
UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN
IF THE LOSS OR DAMAGE IS CAUSED BY ADI’S OWN
NEGLIGENCE OR FAULT AND EVEN IF ADI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES. Any product description (whether in writing or made
orally by ADI or ADI’s agents), specifications, samples, models,
bulletin, drawings, diagrams, engineering sheets, or similar
materials used in connection with the Buyer’s order are for the sole
purpose of identifying ADI’s products and shall not be construed as
an express warranty or condition. Any suggestions by ADI or ADI’s
agents regarding use, applications or suitability of the products
shall not be construed as an express warranty or condition unless
confirmed to be such in writing by ADI. ADI does not represent that
the products it sells may not be compromised or circumvented; that
the products will prevent any personal injury or property loss by
burglary, robbery, fire or otherwise, or that the products will in all
cases provide adequate warning or protection. Buyer understands
and will cause its customer to understand that a properly installed
and maintained product is not insurance or guarantee that such will
not cause or lead to personal injury or property loss.
CONSEQUENTLY ADI SHALL HAVE NO LIABILITY FOR ANY
PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS
BASED ON ANY CLAIM AT ALL INCLUDING A CLAIM THAT THE
PRODUCT FAILED TO GIVE WARNING. However, if ADI is held
liable whether directly or indirectly for any loss or damage with
!
20