for defects caused by or attributable to the Buyer, including without
limitation Buyer’s failure to comply with any written instructions provided
to Buyer by SKF.
SKF shall be free to conduct such tests, investigations and analysis of the
Products returned to SKF, as it deems reasonable and proper in the
exercise of its sole judgment. As a further condition to SKF’s obligations
hereunder, Buyer shall offer its reasonable cooperation to SKF in the
course of SKF’s review of any warranty claim, including, by way of example
only, Buyer’s providing to SKF any and all information as to service,
operating history, mounting, wiring, or re-lubrication of the Product which
is the subject of the Buyer’s warranty claim.
EXCEPT WARRANTY OF TITLE AND FOR THE WARRANTIES EXPRESSLY
SET FORTH IN HEREIN, IT IS UNDERSTOOD AND AGREED THAT: (a) SKF
MAKES NO OTHER WARRANTY, REPRESENTATION OR
INDEMNIFICATION, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (b) IN NO
EVENT SHALL SKF BE LIABLE OR OBLIGATED FOR SPECIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, GENERAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, BY WAY OF EXAMPLE ONLY,
LOST PROFITS OR SAVINGS, LOSS OF BUSINESS OR LOSS OF USE) OR
ANY OTHER LOSS, COST OR EXPENSE IN CONNECTION WITH THE
PRODUCTS AND RELATED SERVICES, IF ANY, PROVIDED BY SKF, AND
THIS DISCLAIMER SHALL EXTEND AS WELL TO ANY LIABILITY FOR
NONPERFORMANCE CAUSED BY SKF’S GROSS OR ORDINARY
NEGLIGENCE, AND IN ALL CASES REGARDLESS OF WHETHER OR NOT
ANY OF THE FOREGOING WERE FORESEEABLE OR THAT SKF WAS
ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, LOSS, COST, OR
EXPENSE; AND (c) NO PERSON HAS BEEN AUTHORIZED BY SKF TO
MAKE ANY FURTHER OR CONTRARY INDEMNITIES, REPRESENTATIONS
OR WARRANTIES ON BEHALF OF SKF. THE FOREGOING LIMITATIONS
AND DISCLAIMERS OF LIABILITY SHALL BE MADE APPLICABLE TO THE
