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2. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY
THERE ARE NO WARRANTIES OR CONDITIONS, W Box Technologies 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, W Box Technologies 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 a W Box Technologies warranty or condition. Any suggestions by ADI or ADI’s
agents regarding use, applications or suitability of the products shall not be
construed as a W Box Technologies 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 statutory warranties as may be required by law and at no time shall
Buyer represent to its customers and/or users of ADI products that ADI provides any
additional warranties. By accepting the products, to the fullest extent permitted by law,
Buyer assumes all liability for, and agrees to indemnity and hold ADI harmless against
Limited Warranty
