APPENDIX A.
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IDS GeoRadar s.r.l.
MN/2017/011 Rev 1.0 34/ 38
risk
D.
Limited Liability
Without prejudice to the exclusion of liability stated at the above Clause C.
1.
Seller’s sole obligation and liability under this Agreement shall be limited to the repair or
replacement of the Product, or the refund of the purchase price at the Seller’s sole option. This
Article sets forth the sole and exclusive remedies for claims based upon defects or nonconformity
of the Products, whether the claim is on contract, warranty, tort (including negligence), strict
liability, or otherwise.
The cumulative liability of Seller, including its subcontractors or suppliers, for any and all claims,
including but not limited to claims based on Seller’s negligence of any degree, strict liability,
breach of contract, warranty, reliance on the accuracy, reliability, or timeliness of the information
provided by the SW, patents or otherwise, shall not exceed the sums cashed by IDS GeoRadar for
the purchased Products, which give rise to the claim, and any such liability shall terminate upon
the expiration of the warranty period.
