Disclaimer of other warranties: other than the foregoing warranty, there are no express or implied warranties or any affirmations of fact or promises by BUT with respect to the product. BUT disclaims any warranties, express, implied or statutory, not specifically set forth above. Without limiting the generality of the foregoing, BUT expressly disclaims any implied warranties of merchantability, fitness for any particular purpose, infringement or any representations of fact or quality not expressly set forth herein.
Limitation of liability and remedies: BUT’s sole responsibility and liability incurred as a result of the sale and/or use of the product, and the purchaser’s exclusive remedy against BUT under any warranty shall be limited to the repair or replacement, at BUT’s option, of product components not conforming to the warranty. The total liability of BUT shall in no event exceed the amount actually paid to BUT by purchaser with respect to the product. This limitation of remedy is intended by the parties to survive even if the remedy is claimed to have failed of its essential purpose. Purchaser’s full and complete performance of all obligations of purchaser recited in this agreement is a condition precedent to BUT’s warranty obligations and liabilities herein.
Purchaser’s damages and limitations: in no event shall BUT be liable to purchaser, its assigns or agents, for economic loss, incidental or consequential damages, in contract or in tort, including but not limited to, any damages for lost profits, down-time, lost production, failure to meet purchaser’s sales contracts, or defects in purchaser’s materials or workmanship arising directly or indirectly from the use of the product.
