18
Any product description (whether in writing or made orally by ADI or ADI’s agents),
specifications, samples, models, bulletin, drawings, diagrams, engineering sheets, or
similar materials used in connection with the Buyer's order are for the sole purpose of
identifying ADI's products and shall not be construed as an express warranty or condition.
Any suggestions by ADI or ADI's agents regarding use, applications or suitability of the
products shall not be construed as an express warranty or condition unless confirmed to
be such in writing by ADI. ADI does not represent that the products it sells may not be
compromised or circumvented; that the products will prevent any personal injury
or property loss by burglary, robbery, fire or otherwise, or that the products will in all cases
provide adequate warning or protection. Buyer understands and will cause its customer to
understand that a properly installed and maintained product is not insurance or guarantee
that such will not cause or lead to personal injury or property loss. CONSEQUENTLY ADI
SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR
OTHER LOSS BASED ON ANY CLAIM AT ALL INCLUDING A CLAIM THAT THE
PRODUCT FAILED TO GIVE WARNING. However, if ADI is held liable whether directly or
indirectly for any loss or damage with respect to the products it sells, regardless of cause
or origin, its maximum liability shall not in any case exceed the purchase price of the
product, which shall be fixed as liquidated damages and not as a penalty and shall be the
complete and exclusive remedy against ADI.
FOR THE AVOIDANCE OF DOUBT, ADI DOES NOT SEEK HEREUNDER TO EXCLUDE
OR RESTRICT ITS LIABILITY IN RELATION TO (I) FRAUD, (II) DEATH OR PERSONAL
INJURY DIRECTLY RESULTING FROM ITS NEGLIGENCE OR (III) ANY MATTER IN
RESPECT OF WHICH, BY LAW, IT IS NOT PERMITTED TO RESTRICT ITS LIABILITY.
3. Limitation on Liability to Buyer’s Customers
Buyer agrees to limit liability to its customers to the fullest extent permitted by law. Buyer
acknowledges that ADI shall only be deemed to give consumers of its products such
statutory warranties as may be required by law and at no time shall Buyer represent to its
customers and/or users of ADI products that ADI provides any additional warranties. By
accepting the products, to the fullest extent permitted by law, Buyer assumes all liability for,
and agrees to indemnity and hold ADI harmless against and defend ADI from, any and all
suits, claims, demands, causes of action and judgments relating to damages, whether for
personal injury or to personal property, suffered by
any person, firm, corporation or business association, including but not limited to, Buyer's
customers and/or users of the products because of any failure of the products to detect
and/or warn of the danger for which the goods were designed or any other failure of the
products whether or not such damages are caused or contributed to by the sold or joint
concurring negligence or fault of ADI.
