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7.
LIMITATION OF LIABILITY.
End-User specifically
acknowledges that the Product may be operated at high
speeds and/or pressures, and that as such it may be inherently
dangerous if not used correctly. End-User shall familiarize
itself with all operation materials provided by StoneAge and
shall at all times use and require its agents, employees and
contractors to use all necessary and appropriate safety devices,
guards and proper safe operating procedures. In no event
shall StoneAge be responsible for any injuries to persons or
property caused directly or indirectly by the operation of the
Product if End-User or any agent, employee, or contractor of
End-User: (1) fails to use all necessary and appropriate safety
devices, guards and proper safe operating procedures; (2)
fails to maintain in good working order such safety devices
and guards; (3) alters or modifies the Product in any way not
approved by StoneAge in advance in writing; (4) allows the
Product to be operated under more severe conditions or
beyond the rated capacity specified for the Product; or (5)
otherwise negligently operates the Product. End-User shall
indemnify and hold StoneAge harmless from any and all liability
or obligation incurred by or against StoneAge, including costs
and attorneys’ fees, to or by any person so injured.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW,
STONEAGE SHALL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF
PROFITS, LOSS OF GOODWILL, DIMINUTION OF VALUE,
WORK STOPPAGE, INTERRUPTION OF BUSINESS, RENTAL
OF SUBSTITUTE PRODUCT, OR OTHER COMMERCIAL
LOSS EVEN TO THE EXTENT SUCH DAMAGES WOULD
CONSTITUTE DIRECT DAMAGES), WITH RESPECT TO
THE COVERED STONEAGE PRODUCT, OR OTHERWISE
IN CONNECTION WITH THIS LIMITED WARRANTY,
REGARDLESS OF WHETHER STONEAGE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
IT IS UNDERSTOOD THAT STONEAGE’S LIABILITY, WHETHER
IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN
NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED THE
AMOUNT OF THE PURCHASE PRICE PAID BY THE END-USER
FOR THE PRODUCT. STONEAGE’S MAXIMUM LIABILITY
SHALL NOT EXCEED, AND END-USER’S REMEDY IS LIMITED
TO EITHER (1) REPAIR OR REPLACEMENT OF THE DEFECTIVE
WORKMANSHIP OR MATERIAL OR, AT STONEAGE’S OPTION,
(2) REFUND OF THE PURCHASE PRICE, OR (3) ISSUANCE
OF A CREDIT FOR THE PURCHASE PRICE, AND SUCH
REMEDIES SHALL BE END-USER’S ENTIRE AND EXCLUSIVE
REMEDY.
YOU, THE END-USER, UNDERSTAND AND EXPRESSLY
AGREE THAT THE FOREGOING LIMITATIONS ON LIABILITY
ARE PART OF THE CONSIDERATION IN THE PRICE OF THE
STONEAGE PRODUCT YOU PURCHASED.
Some jurisdictions do not allow the limitation or exclusion
of liability for certain damages, so the above limitations and
exclusions may not apply to you. This Limited Warranty gives
you specific legal rights, and you may also have other rights
which vary from jurisdiction to jurisdiction. If any provisions
of this Limited Warranty is held to be invalid or unenforceable,
such invalidity or unenforceability shall not affect the validity or
enforceability of the other portions hereof.
TERMS AND CONDITIONS AND WARRANTY INFORMATION
