THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY.EXCEPTFORTHEEXPRESSWARRANTYSETFORTHABOVE,SELLERGRANTS NO OTHERWARRANTIES, EXPRESS OR IMPLIEDBYSTATUTE OR OTHERWISE, REGARD- ING THE PRODUCTS, THEIR FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF SELLER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WARRANTY FOR THE GOODSOTHERTHANTHEWARRANTYSETFORTHHEREIN.SELLER’SLIABILITYUNDER THE WARRANTY SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT.INNOEVENTSHALLSELLERBELIABLEFORTHECOSTOFPROCUREMENTOR INSTALLATION OF SUBSTITUTE GOODS BY BUYER OR FOR ANY SPECIAL, CONSEQUENTIAL,INDIRECT,ORINCIDENTALDAMAGES.
Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless from all liability relating to (i) assessing the suitability 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 standards. Buyer retains and accepts full responsibility for all warranty and other claims relating to or arising from Buyer’s products, which include or incor- porate 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 ex- penses (including reasonable attorney’s fees) attributable to Buyer’s products or representations or warranties concerning same.
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