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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.
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.
4. Returns
Subject to the terms and conditions listed below, during the
applicable warranty period, ADI will replace Product or provide a
