Common use of Limitation of Seller’s Liability Clause in Contracts

Limitation of Seller’s Liability. Seller’s liability on any claim with respect to Buyer’s parts and/or material directly damaged by Seller's thread rolling, machining or grinding is limited to (a) direct labor and material cost of such parts and materials. Notwithstanding the forgoing or anything to the contrary contained herein, the aggregate cumulative liability of Seller to Buyer with respect to all goods and services provided to Buyer, whether pursuant to these terms and conditions, the Seller’s quotation or otherwise and whether arising in contract, tort (including, without limitation, negligence), or otherwise, shall under no circumstances exceed an amount equal to three (3) times Seller’s charges for the particular services or goods which are the subject matter of a claim by Buyer. As a contingency of the respective liability or claim, Seller has the right to take possession of Buyer’s parts related to claim, witness destruction, and/or agree to disposition of parts, as a contingency of liability or claim payment. Seller is not responsible for the results of thread rolling, machining or grinding operations that are unsatisfactory due to metal imperfections, changes in grade or composition of material, manufacturing and/or fabrication imperfections, usages for which the thread rolling, machining or grinding operation was not reasonably designed, and similar variables over which Seller has no control. In such cases, Buyer remains responsible to pay the contracted price for the finishing operations performed by Seller. No claim for shortage in weight or count will be allowed unless made in writing and presented or mailed within three (3) working days after receipts of material or merchandise by the customer or the customer’s consignee to whom it was delivered. However, a shrinkage of quantity in processing of two percent (2%) shall be allowed without charge or liability where operations or thread rolling, machining or grinding services performed by Seller are in the nature of "salvaging" parts and/or material, or seller has identified problems either with the condition of supply or the design does not give the thread rolling process a high degree of confidence the work will be performed on a “best effort" basis and no liability shall attach to Seller unless it has previously agreed to such liability in writing prior to beginning the job. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF ANTICIPATED PROFITS), OR DAMAGES IN THE NATURE OF PENALTIES.

Limitation of Seller’s Liability. Seller’s liability on any claim with respect to and Buyer’s parts and/or material directly damaged by sole remedy for any warranty claim is limited, at Seller's thread rolling’s option, machining or grinding is limited to (a) direct labor and material cost of such parts and materials. Notwithstanding either the forgoing repair or anything replacement of the affected Products, or to a refund of the contrary contained hereinpurchase price of the affected Product (or if not paid, to a credit in the aggregate cumulative liability amount of Seller to Buyer with respect to all goods and services provided to the purchase price.) No warrantyclaim by Buyer, whether pursuant or claim of any kind, either as to these terms and conditions, the Seller’s quotation Products delivered or otherwise and whether arising in contract, tort (including, without limitation, negligence), or otherwisefor non- delivery of Products, shall under no circumstances exceed an be greater in amount equal to three (3) times Seller’s charges for than the particular services or goods which are the subject matter of a claim by Buyer. As a contingency purchase price of the respective liability Products in respect of which such damages are claimed. No charges or claim, Seller has the right expenses incident to take possession any claims will be allowed unless approved by an authorized representative of Buyer’s parts related to claim, witness destruction, and/or agree to disposition of parts, as a contingency of liability or claim payment. Seller is not responsible for the results of thread rolling, machining or grinding operations that are unsatisfactory due to metal imperfections, changes in grade or composition of material, manufacturing and/or fabrication imperfections, usages for which the thread rolling, machining or grinding operation was not reasonably designed, and similar variables over which Seller has no control. In such cases, Buyer remains responsible to pay the contracted price for the finishing operations performed by Seller. No claim for shortage in weight or count will be allowed unless made allowable after the Products have been treated, incorporated with other products or systems or processed in writing and presented or mailed within three (3) working days after receipts of material or merchandise by the customer or the customer’s consignee any manner. Seller shall have no liability for any claims related to whom it was delivered. However, a shrinkage of quantity in processing of two percent (2%) shall be allowed without charge or liability where operations or thread rolling, machining or grinding services performed by Seller are Product defects in the nature of "salvaging" parts and/or materialevent that the alleged defect was caused, in whole or seller has identified problems either with in part, by Buyer’s negligence or failure to properly install, store, maintain or care for the condition of supply or the design does not give the thread rolling process a high degree of confidence the work will be performed on a “best effort" basis and no liability shall attach to Seller unless it has previously agreed to such liability in writing prior to beginning the jobProducts. THE REMEDY HEREBY PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER. IN NO EVENT SHALL WILL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES DAMAGES, INCLUDING (INCLUDING, WITHOUT LIMITATION) LOST PROFITS, ANY LOSS OF ANTICIPATED PROFITS)REVENUE, LOSS OF BUSINESS OR DAMAGES OTHER FINANCIAL LOSS, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT OR THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE NATURE POSSIBILITY OF PENALTIESSUCH DAMAGES.

Limitation of Seller’s Liability. Seller’s liability on any claim with respect to BuyerXxxxx’s parts and/or material directly damaged by Seller's thread rolling, machining or grinding is limited to (a) direct labor and material cost of such parts and materials. Notwithstanding the forgoing or anything to the contrary contained herein, the aggregate cumulative liability of Seller to Buyer with respect to all goods and services provided to Buyer, whether pursuant to these terms and conditions, the Seller’s quotation or otherwise and whether arising in contract, tort (including, without limitation, negligence), or otherwise, shall under no circumstances exceed an amount equal to three (3) times Seller’s charges for the particular services or goods which are the subject matter of a claim by BuyerXxxxx. As a contingency of the respective liability or claim, Seller has the right to take possession of BuyerXxxxx’s parts related to claim, witness destruction, and/or agree to disposition of parts, as a contingency of liability or claim payment. Seller is not responsible for the results of thread rolling, machining or grinding operations that are unsatisfactory due to metal imperfections, changes in grade or composition of material, manufacturing and/or fabrication imperfections, usages for which the thread rolling, machining or grinding operation was not reasonably designed, and similar variables over which Seller has no control. In such cases, Buyer Xxxxx remains responsible to pay the contracted price for the finishing operations performed by SellerXxxxxx. No claim for shortage in weight or count will be allowed unless made in writing and presented or mailed within three (3) working days after receipts of material or merchandise by the customer or the customer’s consignee to whom it was delivered. However, a shrinkage of quantity in processing of two percent (2%) shall be allowed without charge or liability where operations or thread rolling, machining or grinding services performed by Seller are in the nature of "salvaging" parts and/or material, or seller has identified problems either with the condition of supply or the design does not give the thread rolling process a high degree of confidence the work will be performed on a “best effort" basis and no liability shall attach to Seller unless it has previously agreed to such liability in writing prior to beginning the job. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF ANTICIPATED PROFITS), OR DAMAGES IN THE NATURE OF PENALTIES.

Limitation of Seller’s Liability. Seller’s liability on any claim with respect to Buyer’s parts and/or material directly damaged by Seller's thread rollingNOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, machining or grinding is limited to (a) direct labor and material cost of such parts and materials. Notwithstanding the forgoing or anything to the contrary contained herein, the aggregate cumulative liability of Seller to Buyer with respect to all goods and services provided to Buyer, whether pursuant to these terms and conditions, the Seller’s quotation or otherwise and whether arising in contract, tort (including, without limitation, negligence), or otherwise, shall under no circumstances exceed an amount equal to three (3) times Seller’s charges for the particular services or goods which are the subject matter of a claim by Buyer. As a contingency of the respective liability or claim, Seller has the right to take possession of Buyer’s parts related to claim, witness destruction, and/or agree to disposition of parts, as a contingency of liability or claim payment. Seller is not responsible for the results of thread rolling, machining or grinding operations that are unsatisfactory due to metal imperfections, changes in grade or composition of material, manufacturing and/or fabrication imperfections, usages for which the thread rolling, machining or grinding operation was not reasonably designed, and similar variables over which Seller has no control. In such cases, Buyer remains responsible to pay the contracted price for the finishing operations performed by Seller. No claim for shortage in weight or count will be allowed unless made in writing and presented or mailed within three (3) working days after receipts of material or merchandise by the customer or the customer’s consignee to whom it was delivered. However, a shrinkage of quantity in processing of two percent (2%) shall be allowed without charge or liability where operations or thread rolling, machining or grinding services performed by Seller are in the nature of "salvaging" parts and/or material, or seller has identified problems either with the condition of supply or the design does not give the thread rolling process a high degree of confidence the work will be performed on a “best effort" basis and no liability shall attach to Seller unless it has previously agreed to such liability in writing prior to beginning the job. IN NO EVENT SHALL SELLER BE LIABLE HEREUNDER OR OTHERWISE FOR SPECIALANY EXEMPLARY, PUNITIVE, REMOTE, SPECULATIVE, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF ANTICIPATED PROFITS, AND NO CLAIM SHALL BE MADE OR AWARDED AGAINST SELLER, FOR ANY SUCH DAMAGES OR LOSS OF PROFITS. Except as provided in in the Warranty and this Limitation of Liability, Seller shall not be liable for damages of any kind including, but not limited to, product performance in Buyer’s application(s). In addition, Seller will not be liable for removal and/or replacement of reflective products or retro reflective characteristics of any installed Seller’s products unless agreed to in writing by the parties. In no event will Seller be liable for any claims related to the products after the products have been incorporated into any other product or subject to further processing. Such incorporation or such processing shall be deemed to be a waiver of all claims by Buyer. SELLER’S LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING IN CONNECTION WITH THE SALE OR USE OF THE PRODUCTS, WHETHER IN LAW OR IN EQUITY OR WHETHER IN CONTRACT OR IN TORT, AND WHETHER BASED UPON NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTRACT OR EQUITABLE PRINCIPLES, OR OTHERWISE, IS EXPRESSLY LIMITED TO, AT SELLER’S OPTION, REPAIR OR REPLACEMENT OF THE PRODUCTS WITH RESPECT TO WHICH DAMAGES IN THE NATURE OF PENALTIESARE CLAIMED. All claims of any kind arising in connection with this Agreement or the sale or use of the products shall be deemed waived unless made in writing within 60 days of the earlier of the date of Seller’s delivery or the date fixed for delivery in the event of non-delivery. Seller shall be given, and any claim shall be subject to Seller being provided, a reasonable opportunity to investigate the products subject to any claim.

Limitation of Seller’s Liability. Seller’s liability on and Xxxxx’s sole remedy for any warranty claim with respect is limited, at Seller’s option, to Buyer’s parts and/or material directly damaged by Seller's thread rolling, machining or grinding is limited to (a) direct labor and material cost of such parts and materials. Notwithstanding either the forgoing repair or anything replacement of the affected Products, or to a refund of the contrary contained hereinpurchase price of the affected Product (or if not paid, to a credit in the aggregate cumulative liability amount of Seller to Buyer with respect to all goods and services provided to the purchase price.) No warrantyclaim by Buyer, whether pursuant or claim of any kind, either as to these terms and conditions, the Seller’s quotation Products delivered or otherwise and whether arising in contract, tort (including, without limitation, negligence), or otherwisefor non- delivery of Products, shall under no circumstances exceed an be greater in amount equal to three (3) times Seller’s charges for than the particular services or goods which are the subject matter of a claim by Buyer. As a contingency purchase price of the respective liability Products in respect of which such damages are claimed. No charges or claim, Seller has the right expenses incident to take possession any claims will be allowed unless approved by an authorized representative of Buyer’s parts related to claim, witness destruction, and/or agree to disposition of parts, as a contingency of liability or claim payment. Seller is not responsible for the results of thread rolling, machining or grinding operations that are unsatisfactory due to metal imperfections, changes in grade or composition of material, manufacturing and/or fabrication imperfections, usages for which the thread rolling, machining or grinding operation was not reasonably designed, and similar variables over which Seller has no control. In such cases, Buyer remains responsible to pay the contracted price for the finishing operations performed by Seller. No claim for shortage in weight or count will be allowed unless made allowable after the Products have been treated, incorporated with other products or systems or processed in writing and presented or mailed within three (3) working days after receipts of material or merchandise by the customer or the customer’s consignee any manner. Seller shall have no liability for any claims related to whom it was delivered. However, a shrinkage of quantity in processing of two percent (2%) shall be allowed without charge or liability where operations or thread rolling, machining or grinding services performed by Seller are Product defects in the nature of "salvaging" parts and/or materialevent that the alleged defect was caused, in whole or seller has identified problems either with in part, by Buyer’s negligence or failure to properly install, store, maintain or care for the condition of supply or the design does not give the thread rolling process a high degree of confidence the work will be performed on a “best effort" basis and no liability shall attach to Seller unless it has previously agreed to such liability in writing prior to beginning the jobProducts. THE REMEDY HEREBY PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER. IN NO EVENT SHALL WILL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES DAMAGES, INCLUDING (INCLUDING, WITHOUT LIMITATION) LOST PROFITS, ANY LOSS OF ANTICIPATED PROFITS)REVENUE, LOSS OF BUSINESS OR DAMAGES OTHER FINANCIAL LOSS, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT OR THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE NATURE POSSIBILITY OF PENALTIESSUCH DAMAGES.