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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.
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,