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Damage limitations clause

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Sample contract clause Edit

UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS, DAMAGE OR EXPENSE OF ANY KIND, INCLUDING LOSS OF PROFITS, ARISING IN CONNECTION WITH THIS CONTRACT OR WITH THE USE OR INABILITY TO USE SELLER’S PRODUCTS FURNISHED UNDER THIS CONTRACT. SELLER’S MAXIMUM LIABILITY SHALL NOT EXCEED AND BUYER’S REMEDY IS LIMITED TO EITHER (i) REPAIR OR REPLACEMENT OF THE DEFECTIVE PART OR PRODUCT, OR AT SELLER’S OPTION, (ii) RETURN OF THE PRODUCT AND REFUND OF THE PURCHASE PRICE; AND SUCH REMEDY SHALL BE THE BUYER’S ENTIRE AND EXCLUSIVE REMEDY.[1]

References Edit

  1. Ragen Corp. v. Kearney & Trecker Corp., 912 F.2d 619, 621 (3d Cir. 1990) (full-text).

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