AppendixE - Terms and Conditions 39
berof each itembeing returned; (c) original C ompatible SystemsSal es
Agreementnumber; and (d) any special instructions. Upon receipt of this
information, Compatible Systems will issue an RMA (“Return Material
Authorization”) number and any required U.S. Customs identification to
assurecorrect identification of the Customer and to insure prompt and accu-
rateprocessing.
6. Limitationof Remedies. Compatible Systems’ liability for all claims
broughtpursuant to or in connection with this agreement, including the pur-
portedbreach hereof, shall be limited: (a) in the case of claims for breach of
warranty,to compliance with the repair or replacement provisions of the
warranty,and (b) in all other cases (including any claim that the warranty
failedof its essential purpose), to actual damages of the Customer (or, if
appropriate,of the subsequent purchaser). IN NO EVENT SHALL COM-
PATIBLESYSTEMS BE LIABLE FOR ANY SPECIAL, CONSEQUEN-
TIAL,OR INCIDENTAL DAMAGES ARISING OUT OF THE SALE,
USE, INSTALLATIONOR OPERATIONOF THE PRODUCTS,
WHETHERA CLAIM IS BASED ON STRICT LIABILITY, BREACH OF
WARRANTY,NEGLIGENCE, OR ANY OTHER CAUSE WHATSO-
EVER, WHETHER OR NOT SIMILAR. This limitation on remedies shall
apply even if Compatible Systems is advised of the possibili tya nd nature of
anyspecial, consequential, or incidental damages.
7. Governing Law; Merger. This agreement and all Termsand Conditions
hereofshall be governed by, and construed in accordance with the internal
lawsof the State of Colorado. Except as superseded by a separate written
contractsigned by both Compatible Systems and the Customer, superseding
allp rior negotiations or offers,written or oral, this agreementmay be
amendedonly in writing, signed by an authorized officer of Compatible Sys-
tems.