LIMITED WARRANTY AND LIABILITY SCOPE
READ CAREFULLY – THIS LIMITS YOUR RIGHTS AND REMEDIES AS THE PURCHASER
- WARRANTY: ONLY to the extent that products are warranted by their original manufacturers, and only to the extent that such warranties are assignable to Customer, OTA COMPRESSION, LLC (“OTA”) assigns to Customer any rights and remedies it has relating to such Products.
OTA further agrees to perform any obligations of the original manufacturer under the manufacturer’s warranty to the extent that such manufacturer authorizes OTA to perform such warranty obligations.
OTA DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, OBLIGATIONS, OR LIABILITIES, MAKES NO WARRANTY, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO PRODUCTS OR SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR USAGE OF TRADE.
- LIMITATION OF LIABILITY: Neither OTA nor Customer shall have any liability to the other for any incidental or consequential damages arising from the sale or service of Products or Services or the failure of either party to fully perform any agreement to sell Products of Services. OTA SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE OR COST ARISING FROM THE FAILURE TO DISCOVER OR REPAIR ANY DEFECTS, INCLUDING LATENT DEFECTS, IN ANY PRODUCT(S) PROVIDED TO THE CUSTOMER.
CUSTOMER SPECIFICALLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM FOR INCIDENTAL, RESERVOIR, SPECIAL, INDIRECT, CONSEQUENTIAL AND EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO MULTIPLE DAMAGES UNDER ANY DECEPTIVE TRADE PRACTICE OR CONSUMER PROTECTION LAWS, LOST PROFITS, AND PERSONAL INJURY OR PROPERTY DAMAGE.
- INDEMNITY (INCLUDING FOR NEGLIGENCE): CUSTOMER HEREBY ASSUMES AND AGREES TO INDEMNIFY, DEFEND, PROTECT, SAVE, KEEP, AND HOLD HARMLESS OTA COMPRESSION, EMPLOYEES, SUBCONTRACTORS, AND INVITEES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CLAIMS, CAUSES OF ACTION, LIABILITIES, DEMANDS AND EXPENSES (INCLUDING ATTORNEY FEES AND OTHER LEGAL EXPENSES) OF WHATSOEVER KIND OF NATURE, FOR INJURY TO, OR ILLNESS OR DEATH OF ANY PERSON AND FOR DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RELATING TO, CONNECTED WITH IN ANYWAY, ARISING OUT OF, OR ON ACCOUNT OF THE PRODUCTS PURCHASED OR SERVICED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY SUCH LOSSES CAUSED OR OCCASIONED BY ANY NEGLIGENT ACT OR OMISSION OF OTA, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES OR LICENSEES.
The foregoing indemnity is a material part of this transaction, supported by and in consideration of a reduction in the purchase price and is intended to apply notwithstanding the joint or concurrent negligence of OTA.
THIS LIMITED WARRANTY, AND THE RIGHTS HEREUNDER, ARE FOR THE BENEFIT OF THE PURCHASER ONLY, AND CANNOT BE TRANSFERRED OR ASSIGNED TO ANY OTHER PERSON OR ENTITY, EXCEPT TO THE EXTENT THAT THE MANUFACTURER OF THE GOOD OR PRODUCT PERMITS THE SAID MANUFACTURER’S WARRANTY TO BE TRANSFERRED AND/OR ASSIGNED.
4.ENTIRE AGREEMENT: These Terms and Conditions of Sale or Service constitute the entire agreement of all parties and supersedes all discussions, arrangements, negotiations, relating to the Products or Services covered hereby.