Common use of LIMITATION ON AND EXCLUSION OF DAMAGES Clause in Contracts

LIMITATION ON AND EXCLUSION OF DAMAGES. Customer may recover only direct damages up to but not exceeding the amount paid for the subject plant products. Customer cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to the plant products purchased, as well as claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if replacement of the plant products purchased or a refund for the plant products do not fully compensate for any or all losses, or if Proven Winners or its suppliers knew or should have known about the possibility of the damages.