Common use of LIMITATION OF CONTRACTOR’S LIABILITY Clause in Contracts

LIMITATION OF CONTRACTOR’S LIABILITY. Except as specified in any separate writing between the CONTRACTOR and a MEMBER, CONTRACTOR’S total liability under this contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify ETCOG is limited to the price of the particular products/services sold hereunder, and CONTRACTOR agrees either to refund the purchase price or to repair or replace product(s) that are not warranted. In no event will CONTRACTOR be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special, or consequential damages to the full extent such use may be disclaimed by law. CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to MEMBER any amounts determined by ETCOG, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this contract. To the extent CONTRACTOR indemnifies MEMBERS for claims arising from products being sold to MEMBERS, CONTRACTOR’S indemnification obligations shall be limited to claims made within 48 hours of delivery for shortages and defects. Special orders, food products, dated items such as calendars and cleaning or toiletry items cannot be returned under the terms of this contract. All returns must be preapproved by the CONTRACTOR. CONTRACTOR will pass through to MEMBERS, to the extent permissible under applicable law, all indemnities CONTRACTOR receives from its suppliers with respect to such products. In no event shall either party be liable for any indirect, incidental, special, punitive, or consequential damages, including without limitation damages for lost data, or lost profits, even if that party has been advised as to the possibility of such damages.