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 respect to the products it sells, regardless of
cause or origin, its maximum liability shall not in any case
exceed the purchase price of the product, which shall be fixed
as liquidated damages and not as a penalty and shall be the
complete and exclusive remedy against ADI.
3. Limitation on Liability to Buyer’s Customers.
Buyer agrees to limit liability to its customers to the fullest
extent permitted by law. Buyer acknowledges that ADI shall
only be deemed to give consumers of its products such
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