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15 COPYRIGHT © 2019 ADI
2. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY
THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS 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 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.
LIMITED WARRANTY AND CONNECTED EQUIPMENT GUARANTEE
(continued)