Pivoting Extension Boom
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13 LIMITATION OF LIABILITY
13.1
Limitation of Liability:
Notwithstanding anything to the contrary, in no event will the seller
parties’ liability arising out of, or related to, the product or its parts and components, whether
pursuant to contractual or extracontractual liability, tort or under any other theory of liability,
exceed the price paid to seller for the product giving rise to such liability.
13.2
Exclusion of Consequential and Similar Damages:
Notwithstanding anything to the contrary, in
no event will the seller part ies be liable for any indirect, punitive, special, exemplary, incidental,
consequential or other similar damages of any type or kind (including loss of revenue, profits,
use or other economic advantage, damages due to product failure, work stoppage or delays in
delivery) arising out of, or in any way connected to, the product or its use, breach of contract,
tort (including negligence), strict liability, product liability, or otherwise, regardless of cause,
even if the seller parties had previously been advised of the possibility of such damages or could
have reasonably foreseen them.
13.3
Fire and Explosion and Acceptance of Risk:
Customer acknowledges that improper installation
or use of the Product may result in fire or explosion. To minimize such risks, proper installation,
operation, and maintenance of the Product in accordance with all applicable codes, standards, laws
and regulations is critical. Prior to installation and use, customer shall ensure that the Product meets
the applicable codes, laws and regulations, including those related to the addition of appropriate
fire protection systems or explosion venting. Installation shall be performed by a licensed contractor
with experience in fire and explosion and applicable codes, laws and regulations.
14 APPLICABILITY
14.1
The terms herein constitute the only warranty given by Seller with respect to the Product. No
other terms and conditions, whether included on a purchase order or in any other document, shall
apply or bind the Seller with respect to the Product warranty and all such terms and conditions and
documents are expressly disclaimed.
15 GOVERNING LAW
15.1
These warranty terms will be governed by and construed under the laws in force in the Province
of Ontario, Canada, excluding its conflict of law rules.
