THE SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT AS PROVIDED
ABOVE. GIGA-TMS’S LIABILITY, IF ANY, SHALL IN NO EVENT EXCEED THE
TOTAL AMOUNT PAID TO GIGA-TMS UNDER THIS AGREEMENT. IN NO EVENT
WILL GIGA-TMS BE LIABLE TO THE BUYER FOR ANY DAMAGES, INCLUDING
ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO
USE, SUCH PRODUCT, EVEN IF GIGA-TMS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
LIMITATION ON LIABILITY
EXCEPT AS PROVIDED IN THE SECTIONS RELATING TO GIGA-TMS’S LIMITED
WARRANTY, GIGA-TMS’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO
THE CONTRACT PRICE OF THIS PRODUCT.
GIGA-TMS MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCT,
EXPRESSED OR IMPLIED, EXCEPT AS MAY BE STATED IN THIS AGREEMENT,
AND GIGA-TMS DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE.
GIGA-TMS SHALL NOT BE LIABLE FOR CONTINGENT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES TO PERSONS OR PROPERTY. GIGA-TMS
FURTHER LIMITS ITS LIABILITY OF ANY KIND WITH RESPECT TO THE
PRODUCT, INCLUDING ANY NEGLIGENCE ON ITS PART, TO THE CONTRACT
PRICE FOR THE GOODS.
GIGA-TMS’S SOLE LIABILITY AND BUYER’S EXCLUSIVE REMEDIES ARE
STATED IN THIS SECTION AND IN THE SECTION RELATING TO GIGA-TMS’S
LIMITED WARRANTY.
