THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SELLER GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED BYSTATUTE OR OTHERWISE, REGARDING THE PRODUCTS, THEIR FITNESS FORANY PUR- POSE,THEIR QUALITY,THEIR MERCHANTABILITY,THEIR NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF SELLER ORANY OTHER PARTY ISAUTHO- RIZED TO MAKE ANY WARRANTY FOR THE GOODS OTHER THAN THE WAR- RANTYSETFORTHHEREIN.SELLER’SLIABILITYUNDERTHEWARRANTYSHALL BE LIMITED TOAREFUND OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENTSHALLSELLERBELIABLEFORTHECOSTOFPROCUREMENTORINSTAL- LATION OF SUBSTITUTE GOODS BYBUYER OR FORANYSPECIAL, CONSEQUEN- TIAL, INDIRECT, OR INCIDENTALDAMAGES.
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 incorporate Products or compo- nents 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 prod- ucts or representations or warranties concerning same.
