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THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REMEDIES FOR BREACH OF
WARRANTY. EXCEPT FOR THE EXPRESS W ARRANTY SET FORTH ABOVE, SELLER G RANTS
NO OTHER WARRANTIES, EXPRESS OR IMPLIED BY ST A TUTE OR OTHER WISE, REGARDING
THE PRODUCTS, THEIR FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR
MERCHANTABILITY, THEIR NONINFRINGEMENT , OR OTHER WISE. NO EMPLOYEE OF SELL-
ER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WARRANTY FOR THE GOODS OTH-
ER THAN THE WARRANTY SET FORTH HEREIN. SELLER’S LIABILITY UNDER THE W ARRANTY
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 INSTALLA TION OF SUB-
STITUTE GOODS BY BUYER OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT , OR INCI-
DENTAL DAMAGES.
Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless from all lia bility
relating to (i) assessing the suitability for Buyer’s intended use of the Products and of any syste m design
or drawing and (ii) determining the compliance of Buyer’s use of the Products with a pplicable laws,
regulations, codes, and standards. Buyer retains and a ccepts full responsibility for all warra nty and other
claims relating to or arising from Buyer’s products, which include or incorporate Products or compo-
nents manufactured or supplied by Seller. Buyer is solely responsible for a ny a nd all representations a nd
warranties regarding the Products made or authorized by Buyer. Buyer will indemnify Seller a nd hold
Seller harmless from any liability, claims, loss, cost, or expense s (including reasona ble attorney’s fees)
attributable to Buyer’s products or representations or warranties concerning same.