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
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