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3. Purchaser is responsible for paying any freight charge
caused by refused shipment or unclaimed goods
shipped to Purchaser by Stream.
4. Stream will use reasonable efforts to deliver on time;
however; Stream is not liable for late or lost shipments.
In the event the replacement or repaired Product is lost
during shipment from Stream to you, you must contact
our Technical Department in the manner described
above to obtain another replacement or repaired
Product in accordance with this warranty.
Force Majeure; Certain Damages Excluded:
1. Stream shall not be liable for any failure to perform
or delay in performing any of its obligations when such
failure or delay is due to circumstances beyond its
reasonable control, including, without limitation, any act
of God, war, strike, riot, fire, flood, earthquake, lock-out,
late or non-delivery by suppliers, shortage or unavail-
ability of materials, components or transportation
facilities, or any act, refusal to act, regulation, order or
intervention of any governmental authority.
2. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
UNDER NO CIRCUMSTANCES SHALL Stream OR THE
SELLER OF THE PRODUCT BE LIABLE FOR ANYSPE-
CIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND OR NATURE WHATSOEVER,
OR LOST GOODWILL, LOST RESALE PROFITS, LOSS
OF DATA OR SOFTWARE, WORK STOPPAGE OR
IMPAIRMENT OF OTHER GOODS,
