B - standard terms & conditions of sale (cont’) – Fluid Management 22CW Blendorama User Manual
Page 6

FAST & FLUID MANAGEMENT
PAGE NO. 6 of 27
CW - V1.2 – 10- 05- 2012 (36609) – rev, B
B -
Standard Terms & Conditions of Sale (cont’)
6.3
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
THE ABOVE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY
FLUID MANAGEMENT WITH RESPECT TO EQUIPMENT, COMPONENTS OR PARTS
AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, ALL OF WHICH OTHER WARRANTIES ARE EXPRESSLY
EXCLUDED.
THE OBLIGATIONS, RIGHTS AND REMEDIES SET FORTH ABOVE ARE THE SOLE
AND EXCLUSIVE OBLIGATIONS OF AND SOLE AND EXCLUSIVE RIGHTS AND
REMEDIES AGAINST FLUID MANAGEMENT WITH RESPECT TO ANY ALLEGED
DEFECT OR DEFICIENCY IN ANY EQUIPMENT, COMPONENTS OR PARTS.
UNDER NO CIRCUMSTANCES SHALL FLUID MANAGEMENT OR ANY OF ITS
AUTHORIZED SERVICE REPRESENTATIVES HAVE (I) ANY LIABILITY FOR ANY
CLAIM, LOSS, DAMAGE, INJURY, LIABILITY, OBLIGATION, COST OR EXPENSE THAT
DIRECTLY OR INDIRECTLY RELATES TO OR ARISES OUT OF THE PERFORMANCE
OF ANY SERVICES OR THE USE, FAILURE OR MALFUNCTION OF ANY EQUIPMENT,
COMPONENT OR PART OR (II) ANY LIABILITY FOR INDIRECT, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF
SALES, LOSS OF PROFITS, LOSS OF MATERIAL BEING DISPENSED, DOWN TIME,
LOSS OF PRODUCTION, LOSS OF CONTRACTS, OR DAMAGE TO REPUTATION OR
GOOD WILL, WHETHER OR NOT FLUID MANAGEMENT OR ANY OF ITS AUTHORIZED
SERVICE REPRESENTATIVES WAS AWARE OF OR ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
IN ANY EVENT, FLUID MANAGEMENT’S TOTAL LIABILITY IN CONNECTION WITH
ANY INDIVIDUAL ITEM OF EQUIPMENT SHALL LIMITED TO THE NET PRICE PAID TO
FLUID MANAGEMENT FOR SUCH ITEM OF EQUIPMENT.