OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND
BEYOND THE DESCRIPTION ON THE FACE HEREOF. TO THE
FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL
ADI BE LIABLE TO ANYONE FOR ANY (I) CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES
ARISING OUT OF OR RELATING IN ANY WAY TO THE
PRODUCT AND.OR FOR BREACH OF THIS OR ANY OTHER
WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OR
UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN
IF THE LOSS OR DAMAGE IS CAUSED BY ADI’S OWN
NEGLIGENCE OR FAULT AND EVEN IF ADI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES. 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
!
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