WBOX Technologies WBXMLTEST Manual Del Usuario página 28

2. Exclusion of Warranties, Limitation of Liability
THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR
OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE
HEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE
SHALL ADI BE LIABLE TO ANYONE FOR ANY (I) CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT
OF OR RELATING IN ANY WAY TO THE PRODUCT AND.OR FOR BREACH
OF THIS OR ANY OTHER WARRANTY OR CONDITION, EXPRESS OR
IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER,
EVEN IF THE LOSS OR DAMAGE IS CAUSED BY ADI'S OWN NEGLIGENCE
OR FAULT AND EVEN IF ADI HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSSES OR DAMAGES.
Any product description (whether in writing or made orally by ADI or ADl's
agents), specifications, samples, models, bulletin, drawings, diagrams,
engineering sheets, or similar materials used in connection with the Buyer's
order are for the sole purpose of identifying ADl's products and shall not be
construed as an express warranty or condition. Any suggestions by ADI or ADl's
agents regarding use, applications or suitability of the products shall not be
construed as an express warranty or condition unless confirmed to be such in
writing by ADI. ADI does not represent that the products it sells may not be
compromised or circumvented; that the products will prevent any personal injury
or property loss by burglary, robbery, fire or otherwise, or that the products will in all
cases provide adequate warning or protection.
Buyer understands and will cause its customer to understand that a properly
installed and maintained product is not insurance or guarantee that such will not
cause or lead to personal injury or property loss.
CONSEQUENTLY ADI SHALL HAVE NO LIABILITY FOR ANY PERSONAL
INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON ANY CLAIM AT ALL
INCLUDING A CLAIM THAT THE
PRODUCT FAILED TO GIVE WARNING. However, if ADI is held liable whether
directly or indirectly for any loss or damage with respect to the products it sells,
regardless of cause or origin, its maximum liability shall not in any case exceed
the purchase price of the product, which shall be fixed as liquidated damages and
not as a penalty and shall be the complete and exclusive remedy against ADI.
FOR THE AVOIDANCE OF DOUBT, ADI DOES NOT SEEK HEREUNDER TO
EXCLUDE OR RESTRICT ITS LIABILITY IN RELATION TO (I) FRAUD, (II)
DEATH OR PERSONAL INJURY DIRECTLY RESULTING FROM ITS
NEGLIGENCE OR (Ill) ANY MATTER IN RESPECT OF WHICH, BY LAW, IT IS
NOT PERMITTED TO RESTRICT ITS LIABILITY.
3. Limitation on Liability to Buyer's Customers
Buyer agrees to limit liability to its customers to the fullest extent permitted by law.
Buyer acknowledges that ADI shall only be deemed to give consumers of its products
such statutory warranties as may be required by law and at no time shall Buyer
represent to its customers and/or users of ADI products that ADI provides any
additional warranties. By accepting the products, to the fullest extent permitted by law,
Buyer assumes all liability for, and agrees to indemnity and hold ADI harmless against
and defend ADI from, any and all suits, claims, demands, causes of action and
judgments relating to damages, whether for personal injury or to personal property,
suffered by
any person, firm, corporation or business association, including but not limited to,
Buyer's customers and/or users of the products because of any failure of the products
to detect and/or warn of the danger for which the goods were designed or any other
failure of the products whether or not such damages are caused or contributed to by
the sold or joint concurring negligence or fault of ADI.