COMPRISES THE SOLE AND ENTIRE WARRANTY PERTAINING TO
ITEMS PROVIDED HEREUNDER. SELLER MAKES NO OTHER WAR-
RANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND WHAT-
SOEVER. ALL OTHER WARRANTIES, INCLUDING BUT NOT LIM-
ITED TO, MERCHANTABILITY AND FITNESS FOR PURPOSE,
WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF
LAW, TRADE USAGE, OR COURSE OF DEALING ARE HEREBY
DISCLAIMED. NOTWITHSTANDING THE FOREGOING, THERE
ARE NO WARRANTIES WHATSOEVER ON ITEMS BUILT OR AC-
QUIRED WHOLLY OR PARTIALLY, TO BUYER’S DESIGNS OR
SPECIFICATIONS.
5. Limitation Of Remedy: SELLER’S LIABILITY ARISING FROM OR
IN ANY WAY CONNECTED WITH THE ITEMS SOLD OR THIS CON-
TRACT SHALL BE LIMITED EXCLUSIVELY TO REPAIR OR RE-
PLACEMENT OF THE ITEMS SOLD OR REFUND OF THE PURCHASE
PRICE PAID BY BUYER, AT SELLER’S SOLE OPTION. IN NO EVENT
SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUEN-
TIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSO-
EVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING
FROM OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR
ITEMS SOLD HEREUNDER, WHETHER ALLEGED TO ARISE FROM
BREACH OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, OR
IN TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, FAIL-
URE TO WARN OR STRICT LIABILITY.
6. Changes, Reschedules and Cancellations: Buyer may request to
modify the designs or specifications for the items sold hereunder as well
as the quantities and delivery dates thereof, or may request to cancel all
or part of this order, however, no such requested modification or cancel-
lation shall become part of the contract between Buyer and Seller unless
accepted by Seller in a written amendment to this Agreement. Accep-
tance of any such requested modification or cancellation shall be at
Seller’s discretion, and shall be upon such terms and conditions as Seller
may require.
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