7
exclusions
AEG PS shall not be liable under the Warranty if its testing and exa- mination discloses that the alleged defect in the Equipment does not exist or was caused by your or any third person’s misuse, negligence, improper installation or testing, unauthorized attempts to repair or modify, or any other cause beyond the range of the intended use, or by accident, fire, lightning or other hazard.
There are no warranties, expressed or implied, by operation of law or otherwise, of Equipment sold, serviced or furnished under this Agree- ment or in connection herewith. AEG PS disclaims all implied Warran- ties of merchantability, satisfaction and fitness for a particular purpose. The AEG PS express warranties will not be enlarged, diminished,
or affected by and no obligation or liability will arise out of AEG PS rendering technical or other advice or service in connection with the Equipment. The foregoing warranties and remedies are exclusive and in lieu of all other warranties and remedies. The warranties set forth above, constitute sole liability of AEG PS and purchaser’s exclusive remedy for any breach of such Warranties. The warranties extend only to purchasers and are not extended to any third parties.
In no event shall AEG PS, its officers, directors, affiliates or employees be liable for any form of indirect, special, consequential or punitive damages arising out of the use, service or installation of the Equipment, whether such damages arise in contract or tort, irrespective of fault, negligence or strict liability or whether AEG PS has been advised in advance of the possibility of such damage.