Common use of Remedies and Limitation of Liability Clause in Contracts

Remedies and Limitation of Liability. IN THE EVENT THE BUYER CLAIMS THE COMPANY HAS BREACHED ANY OF ITS OBLIGATIONS UNDER THE SALES CONTRACT, WHETHER OF ANY WARRANTY OR OTHERWISE, THE COMPANY MAY BUT HAS NO OBLIGATION TO, REQUEST THE RETURN OF THE PRODUCTS AND TENDER TO THE BUYER THE PURCHASE PRICE THERETOFORE PAID BY THE BUYER, AND IN SUCH EVENT, THE COMPANY SHALL HAVE NO FURTHER OBLIGATION UNDER THE SALES CONTRACT OF ANY TYPE WHATSOEVER EXCEPT TO REFUND SUCH PURCHASE PRICE UPON REDELIVERY OF THE PRODUCTS. IF THE COMPANY SO REQUESTS THE RETURN OF THE PRODUCTS, THE PRODUCTS WILL BE REDELIVERED TO THE COMPANY IN ACCORDANCE WITH THE COMPANY’S INSTRUCTIONS AND AT THE COMPANY’S EXPENSE. THE REMEDIES CONTAINED IN THIS AND THE PRECEDING PARAGRAPH SHALL CONSTITUTE THE SOLE AND EXCLUSIVE RECOURSE OF THE BUYER AGAINST THE COMPANY FOR BREACH OF ANY OF THE COMPANY’S OBLIGATIONS UNDER THE SALES CONTRACT, WHETHER OF ANY WARRANTY OR OTHERWISE. IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, PUNATIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OR INJURY OF ANY KIND, INCLUDING WITHOUT LIMITATION ECONOMIC LOSS, LOSS OF ANTICIPATED SAVINGS, WASTED OPPORTUNITY, LOSS OF REVENUE, OR LOSS OF PROFITS, WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY IS AWARE OF OR NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, LOSS OR INJURY. IN ALL CASES, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SALES CONTRACT (INCLUDING WITHOUT LIMITATION THE PERFORMANCE THEREUNDER OR ANY CLAIM OR CLAIMS RELATING TO THE PRODUCTS) WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE CONTRACT PRICE ACTUALLY PAID BY THE BUYER IN RESPECT OF THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

Remedies and Limitation of Liability. IN RIDGEVILLE TELEPHONE COMPANY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE EVENT THE BUYER CLAIMS THE COMPANY HAS BREACHED ANY OF ITS OBLIGATIONS UNDER THE SALES CONTRACT, WHETHER USE OF ANY WARRANTY SOFTWARE PROVIDED OR OTHERWISE, THE COMPANY MAY BUT HAS NO OBLIGATION TO, REQUEST THE RETURN OF THE PRODUCTS AND TENDER TO THE BUYER THE PURCHASE PRICE THERETOFORE PAID USED BY THE BUYER, AND IN SUCH EVENT, THE RIDGEVILLE TELEPHONE COMPANY SHALL HAVE NO FURTHER OBLIGATION UNDER BE THE SALES CONTRACT REPLACEMENT OF ANY TYPE WHATSOEVER EXCEPT RIDGEVILLE TELEPHONE COMPANY SOFTWARE FOUND TO REFUND SUCH PURCHASE PRICE UPON REDELIVERY OF THE PRODUCTSBE DEFECTIVE. IF THE COMPANY SO REQUESTS THE RETURN OF THE PRODUCTS, THE PRODUCTS WILL BE REDELIVERED TO THE COMPANY IN ACCORDANCE WITH THE COMPANY’S INSTRUCTIONS AND AT THE COMPANY’S EXPENSE. THE REMEDIES CONTAINED IN THIS AND THE PRECEDING PARAGRAPH SHALL CONSTITUTE THE YOUR SOLE AND EXCLUSIVE RECOURSE REMEDY FOR ANY OTHER DISPUTE WITH RIDGEVILLE TELEPHONE COMPANY IS THE CANCELLATION OF THE BUYER AGAINST THE COMPANY FOR BREACH OF ANY OF THE COMPANY’S OBLIGATIONS UNDER THE SALES CONTRACT, WHETHER OF ANY WARRANTY OR OTHERWISEYOUR ACCOUNT. IN NO CASE EVENT SHALL RIDGEVILLE TELEPHONE COMPANY'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE RIDGEVILLE TELEPHONE COMPANY SERVICES EXCEED THE TOTAL AMOUNT OF RIDGEVILLE TELEPHONE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNATIVE, INCIDENTAL, INDIRECT CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE RIDGEVILLE TELEPHONE COMPANY SERVICES, SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH RIDGEVILLE TELEPHONE COMPANY. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGESOR EXEMPLARY DAMAGES INCLUDE, LOSS OR INJURY OF ANY KINDWITHOUT LIMITATION, INCLUDING WITHOUT LIMITATION ECONOMIC LOSSDAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF ANTICIPATED SAVINGSGOODWILL, WASTED OPPORTUNITYWORK STOPPAGE, LOSS OF REVENUE, COMPUTER FAILURE OR LOSS OF PROFITS, WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORTMALFUNCTION, OR ANY OTHER LEGAL THEORYCOMMERCIAL DAMAGES OR LOSSES, EVEN IF THE RIDGEVILLE TELEPHONE COMPANY IS AWARE OF OR NOTIFIED HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF SUCH THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSS IN SUCH STATES OR INJURY. JURISDICTIONS, RIDGEVILLE TELEPHONE COMPANY AND ITS SUPPLIER'S LIABILITY IN ALL CASES, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF SUCH STATE OR RELATING JURISDICTION SHALL BE LIMITED TO THE SALES CONTRACT (INCLUDING WITHOUT LIMITATION THE PERFORMANCE THEREUNDER EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY RIDGEVILLE TELEPHONE COMPANY, RIDGEVILLE TELEPHONE COMPANY AND ITS SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY CLAIM PRODUCT OR CLAIMS RELATING SERVICE OFFERED THROUGH RIDGEVILLE TELEPHONE COMPANY AND WILL NOT BE A PARTY TO THE PRODUCTS) WHETHER BASED UPON BREACH OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PRODUCTS OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE CONTRACT PRICE ACTUALLY PAID BY THE BUYER IN RESPECT OF THE PRODUCTS TO WHICH SUCH LIABILITY RELATESSERVICES.

Remedies and Limitation of Liability. IN RTEC COMMUNICATIONS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE EVENT THE BUYER CLAIMS THE COMPANY HAS BREACHED ANY OF ITS OBLIGATIONS UNDER THE SALES CONTRACT, WHETHER USE OF ANY WARRANTY SOFTWARE PROVIDED OR OTHERWISE, USED BY RTEC COMMUNICATIONS SHALL BE THE COMPANY MAY BUT HAS NO OBLIGATION TO, REQUEST THE RETURN OF THE PRODUCTS AND TENDER TO THE BUYER THE PURCHASE PRICE THERETOFORE PAID BY THE BUYER, AND IN SUCH EVENT, THE COMPANY SHALL HAVE NO FURTHER OBLIGATION UNDER THE SALES CONTRACT REPLACEMENT OF ANY TYPE WHATSOEVER EXCEPT RTEC COMMUNICATIONS SOFTWARE FOUND TO REFUND SUCH PURCHASE PRICE UPON REDELIVERY OF THE PRODUCTSBE DEFECTIVE. IF THE COMPANY SO REQUESTS THE RETURN OF THE PRODUCTS, THE PRODUCTS WILL BE REDELIVERED TO THE COMPANY IN ACCORDANCE WITH THE COMPANY’S INSTRUCTIONS AND AT THE COMPANY’S EXPENSE. THE REMEDIES CONTAINED IN THIS AND THE PRECEDING PARAGRAPH SHALL CONSTITUTE THE YOUR SOLE AND EXCLUSIVE RECOURSE REMEDY FOR ANY OTHER DISPUTE WITH RTEC COMMUNICATIONS IS THE CANCELLATION OF THE BUYER AGAINST THE COMPANY FOR BREACH OF ANY OF THE COMPANY’S OBLIGATIONS UNDER THE SALES CONTRACT, WHETHER OF ANY WARRANTY OR OTHERWISEYOUR ACCOUNT. IN NO CASE EVENT SHALL RTEC COMMUNICATIONS'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE COMPANY USE OF THE RTEC COMMUNICATIONS SERVICES EXCEED THE TOTAL AMOUNT OF RTEC COMMUNICATIONS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNATIVE, INCIDENTAL, INDIRECT CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE RTEC COMMUNICATIONS SERVICES, SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH RTEC COMMUNICATIONS. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGESOR EXEMPLARY DAMAGES INCLUDE, LOSS OR INJURY OF ANY KINDWITHOUT LIMITATION, INCLUDING WITHOUT LIMITATION ECONOMIC LOSSDAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF ANTICIPATED SAVINGSGOODWILL, WASTED OPPORTUNITYWORK STOPPAGE, LOSS OF REVENUE, COMPUTER FAILURE OR LOSS OF PROFITS, WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORTMALFUNCTION, OR ANY OTHER LEGAL THEORYCOMMERCIAL DAMAGES OR LOSSES, EVEN IF THE COMPANY IS AWARE OF OR NOTIFIED RTEC COMMUNICATIONS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF SUCH THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSS IN SUCH STATES OR INJURY. JURISDICTIONS, RTEC COMMUNICATIONS AND ITS SUPPLIER'S LIABILITY IN ALL CASES, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF SUCH STATE OR RELATING JURISDICTION SHALL BE LIMITED TO THE SALES CONTRACT (INCLUDING WITHOUT LIMITATION THE PERFORMANCE THEREUNDER EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY RTEC COMMUNICATIONS, RTEC COMMUNICATIONS AND ITS SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY CLAIM PRODUCT OR CLAIMS RELATING SERVICE OFFERED THROUGH RTEC COMMUNICATIONS AND WILL NOT BE A PARTY TO THE PRODUCTS) WHETHER BASED UPON BREACH OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PRODUCTS OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE CONTRACT PRICE ACTUALLY PAID BY THE BUYER IN RESPECT OF THE PRODUCTS TO WHICH SUCH LIABILITY RELATESSERVICES.

Remedies and Limitation of Liability. Limitation of Liability and Indemnification: SELLER HAS NO LIABILITY FOR PROSPECTIVE PROFITS, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND. UNDER NO CIRCUMSTANCES SHALL SELLER’S LIABILITY RELATING TO THIS AGREEMENT, THE PRODUCTS OR SERVICES BE GREATER THAN THE PRICE PAID BY BUYER FOR THOSE PRODUCTS. BUYER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO PERSONS Terms and Conditions of Sale OR PROPERTY OF BUYER OR OTHERS ARISING OUT OF USE OR POSSESSION OF ANY PRODUCTS SOLD HEREUNDER. BUYER (AS "INDEMNIFYING PARTY") SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND SELLER AND ITS MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND PERMITTED ASSIGNS (COLLECTIVELY, "INDEMNIFIED PARTY") AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING PROFESSIONAL FEES AND ATTORNEYS' FEES, THAT ARE INCURRED BY INDEMNIFIED PARTY (COLLECTIVELY, "LOSSES"), ARISING OUT OF ANY THIRD-PARTY CLAIM ALLEGING: (a) BREACH OR NON- FULFILLMENT OF ANY REPRESENTATION, WARRANTY, OR COVENANT UNDER THIS AGREEMENT BY INDEMNIFYING PARTY OR ITS PERSONNEL; (b) ANY NEGLIGENT OR MORE CULPABLE ACT OR OMISSION OF INDEMNIFYING PARTY OR ITS PERSONNEL (INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT) IN CONNECTION WITH THE EVENT THE BUYER CLAIMS THE COMPANY HAS BREACHED ANY PERFORMANCE OF ITS OBLIGATIONS UNDER THE SALES CONTRACTTHIS AGREEMENT; (c) ANY BODILY INJURY, WHETHER DEATH OF ANY WARRANTY PERSON, OR OTHERWISEDAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY CAUSED BY THE NEGLIGENT OR MORE CULPABLE ACTS OR OMISSIONS OF INDEMNIFYING PARTY OR ITS PERSONNEL (INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT); OR (d) ANY FAILURE BY INDEMNIFYING PARTY TO COMPLY WITH ANY APPLICABLE FEDERAL, STATE, OR LOCAL LAWS, REGULATIONS, OR CODES IN THE COMPANY MAY BUT HAS PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT. Limited Warranty: EXCEPT AS EXPRESSLY STATED IN SELLER’S WRITTEN PRODUCT WARRANTY, SELLER MAKES NO OBLIGATION TO, REQUEST THE RETURN OF WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS AND TENDER TO THE BUYER THE PURCHASE PRICE THERETOFORE PAID BY THE BUYER, AND IN SUCH EVENT, THE COMPANY SHALL HAVE NO FURTHER OBLIGATION UNDER THE SALES CONTRACT OF ANY TYPE WHATSOEVER EXCEPT TO REFUND SUCH PURCHASE PRICE UPON REDELIVERY OF THE PRODUCTS. IF THE COMPANY SO REQUESTS THE RETURN OF THE PRODUCTS, THE PRODUCTS WILL BE REDELIVERED TO THE COMPANY IN ACCORDANCE WITH THE COMPANY’S INSTRUCTIONS AND AT THE COMPANY’S EXPENSE. THE REMEDIES CONTAINED IN THIS AND THE PRECEDING PARAGRAPH SHALL CONSTITUTE THE SOLE AND EXCLUSIVE RECOURSE OF THE BUYER AGAINST THE COMPANY FOR BREACH OF ANY OF THE COMPANY’S OBLIGATIONS UNDER THE SALES CONTRACT, WHETHER OF ANY WARRANTY OR OTHERWISE. IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, PUNATIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OR INJURY OF ANY KINDSERVICES, INCLUDING WITHOUT LIMITATION ECONOMIC LOSSANY WARRANTY OF MERCHANTABILITY, LOSS WARRANTY OF ANTICIPATED SAVINGSFITNESS FOR A PARTICULAR PURPOSE, WASTED OPPORTUNITY, LOSS WARRANTY OF REVENUE, TITLE OR LOSS WARRANTY AGAINST INFRINGEMENT OF PROFITSINTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER BASED UPON BREACH EXPRESS OR IMPLIED BY LAW, COURSE OF CONTRACTDEALING, NEGLIGENCECOURSE OF PERFORMANCE, STRICT LIABILITY, TORT, USAGE OF TRADE OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY IS AWARE OF OR NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, LOSS OR INJURYOTHERWISE. IN ALL CASES, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SALES CONTRACT (INCLUDING WITHOUT LIMITATION THE PERFORMANCE THEREUNDER OR ANY CLAIM OR CLAIMS RELATING TO THE PRODUCTS) WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, SELLER SHALL NOT EXCEED THE CONTRACT PRICE ACTUALLY PAID BE RESPONSIBLE FOR ANY DEFECT CAUSED BY THE BUYER IN RESPECT ABUSE, MISUSE OR LACK OF THE MAINTENANCE FOR PRODUCTS TO WHICH SUCH LIABILITY RELATESAND SERVICES PROVIDED UNDER THIS AGREEMENT. The following items are specifically excluded from this warranty: (i) loss or damage resulting from or caused by normal wear and tear, weathering or use with incompatible equipment; (ii) loss or damage resulting from or caused by improper maintenance, improper handling or storage, improper use, abuse, neglect or operation beyond rated capacity; and (iii) any Product that has been altered or modified in any way not approved by Seller in writing.