Limitations and Liability
The remedies of the user set forth under the provisions outlined above
are exclusive and the total liability of The Sausage Maker, Inc. or its distributors
with respect to this sale of the equipment and service furnished hereunder, in
connection with the performance or breach thereof, or from the sale, delivery,
installation, repair or technical direction covered by or furnished under this sale,
whether based on contract, warranty, negligence, indemnity, strict liability or
otherwise shall not exceed the purchase price of the unit of equipment upon which
such liability is based.
The Sausage Maker, Inc. and its Distributors shall in no event be liable to
the user, any successors in interest or any beneficiary or assignee relating to this
sale for any consequential, incidental, indirect, special or punitive damages arising
out of this sale for any breach thereof, or any defects in, or failure of, or malfunction
of the equipment under this sale whether based upon loss of use, lost profits or
revenue, interest, lost goodwill, work stoppage, impairment of other goods, loss
by reason of shutdown or non-operation, increased expenses of operation, cost of
purchase or replacement power claims of user or customers of the user for service
interruption whether or not such loss or damage is based on contract, warranty,
negligence, indemnity, strict liability or otherwise.