Product less depreciation calculated on a straight-line basis over Seller’s stated Warranty Period.
THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REME- DIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SELLER GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHER- WISE, REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF SELL- ER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WAR- RANTY FOR THE GOODS OTHER THAN THE WARRANTY SET FORTH HEREIN. SELLER’S LIABILITY UNDER THE WARRANTY SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF SUBSTI- TUTE GOODS BY BUYER OR FOR ANY SPECIAL, CONSEQUEN- TIAL, INDIRECT, OR INCIDENTAL DAMAGES.
Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless from all liability relating to (i) assessing the suit- ability for Buyer’s intended use of the Products and of any system design or drawing and (ii) determining the compliance of Buyer’s use of the Products with applicable laws, regulations, codes, and stan- dards. Buyer retains and accepts full responsibility for all warranty and other claims relating to or arising from Buyer’s products, which include or incorporate Products or components manufactured or supplied
by Seller. Buyer is solely responsible for any and all representations and warranties regarding the Products made or authorized by Buyer. Buyer will indemnify Seller and hold Seller harmless from any liability, claims, loss, cost, or expenses (including reasonable attorney’s fees) attributable to Buyer’s products or representations or warranties con- cerning same.
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