EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY
LABOR COSTS, PRODUCT COSTS, LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA
OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE,
INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF
WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’NEGLIGENCE. IN THE EVENT THAT IT IS DETERMINED IN ANY
ADJUDICATION THAT THE LIMITED WARRANTIES OF REPAIR OR
REPLACEMENT ARE INAPPLICABLE, THEN THE PURCHASER’S SOLE
REMEDY SHALL BE PAYMENT TO THE PURCHASER OF THE ORIGINAL
COST OF THE PRODUCT, AND IN NO EVENT SHALL WARRANTORS BE
LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, BUSINESS
INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF
DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY
NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT,
BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY
WARRANTORS’ NEGLIGENCE.
WITHOUT WAIVING ANY PROVISION IN THIS LIMITED WARRANTY, IF A
CIRCUMSTANCE ARISES WHERE WARRANTORS ARE FOUND TO BE
LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS
IN WARRANTORS’PRODUCTS OR SERVICES, SUCH LIABILITY SHALL NOT
EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR WARRANTORS’PRODUCT AND SERVICES OR $250.00, WHICHEVER IS GREATER.
YOU HEREBY RELEASE WARRANTORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
INDEMNIFICATION AND COVENANT NOT TO SUE: YOU WILL INDEMNIFY,
DEFEND AND HOLD HARMLESS WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED
COMPANIES, AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS
BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’
PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER
OR NOT CAUSED BY WARRANTORS’NEGLIGENCE.
YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO
SUE WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, FOR ANY AND
ALL LIABILITIES POTENTIALLY ARISING FROM ANY CLAIM, DEMAND OR
ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS,