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OPTION, REPLACEMENT OR REPAIR OF SUCH NON-CONFORMING GOODS OR REFUND OF THE
ORIGINAL PURCHASE PRICE OF THE NONCONFORMING GOODS.
IN NO EVENT WILL INDUSTRIAL SCIENTIFIC BE LIABLE FOR ANY OTHER SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOSS OF PROFIT OR
LOSS OF USE, ARISING OUT OF THE SALE, MANUFACTURE OR USE OF ANY PRODUCTS SOLD
HEREUNDER WHETHER SUCH CLAIM IS PLEADED IN CONTRACT OR IN TORT, INCLUDING STRICT
LIABILITY IN TORT AND WHETHER INDUSTRIAL SCIENTIFIC HAS BEEN ADVISED OF THE
POTENTIAL FOR SUCH DAMAGES. Industrial Scientific’s total liability hereunder from any cause
whatsoever (except liability from personal injury caused by Industrial Scientific’s negligence), whether
arising under contract, warranty, tort (including negligence), strict liability, products liability or any other
theory of liability, will be limited to the lesser of Buyer’s actual damages or the price paid to Industrial
Scientific for the Products that are the subject of Buyer’s claim. All claims against Industrial Scientific must
be brought within one year after the cause of action arises, and Buyer expressly waives any longer statute
of limitations.
It shall be an express condition to Industrial Scientific’s warranty that all products be carefully inspected for
damage by Buyer upon receipt, be properly calibrated for Buyer’s particular use, and be used, repaired,
and maintained in strict accordance with the instructions set forth in Industrial Scientific’s product literature.
Repair or maintenance by non-qualified personnel will invalidate the warranty, as will the use of non-
approved consumables or spare parts. As with any other sophisticated product, it is essential and a
condition of Industrial Scientific’s warranty that all personnel using the products be fully acquainted with
their use, capabilities and limitations as set forth in the applicable product literature.
Buyer acknowledges that it alone has determined the intended purpose and suitability of the goods
purchased. It is expressly agreed by the parties that any technical or other advice given by Industrial
Scientific with respect to the use of the goods or services is given without charge and at Buyer’s risk;
therefore, Industrial Scientific assumes no obligations or liability for the advice given or results obtained.