Plant Products Conditions of Sale – Limitation of Liability and Warranty
Neither Plant Products nor its affiliates nor their respective officers, directors, agents, servants, manufacturers, suppliers or other persons acting on behalf of Plant Products (collectively “Plant”) make any warranties whatsoever, either express or implied (including without limitation warranties of merchantability and fitness for a particular purpose), oral or written, in fact or by operation of law or otherwise.
The customer’s exclusive remedy and Plant Products’ total liability for any and all losses and/or damages from any cause whatsoever arising from or related to this order, the product purchased pursuant to this order or otherwise shall be limited to repayment of the purchase price including without limitation in respect of loss or damages due directly or indirectly to occurrences or consequences which the products are designed to prevent or indentify. Without limiting the generality of the foregoing, to the maximum extent permitted by applicable laws, Plant shall have no liability to the customer for indirect, consequential, incidental, special, punitive, or exemplary damages (even if advised of the possibility of such damages), including without limitation damages resulting from loss of use, loss or corruption of data, loss of revenue, loss of profit, loss or damage to goodwill, loss of savings (real or anticipated), or loss of business, whether arising under, out of, in relation to, or in connection with this order or otherwise, or its negotiation, performance, termination, or any other means, and regardless of the form of action upon which a claim for such damages may be based. For clarity, the limitations of liability contained herein apply irrespective of whether the relevant claim or claims are based in contract including breach of warranty, tort (including negligence), strict product liability, under federal, state, provincial or local statute or other applicable law, or any other legal or equitable theory. These limitations shall apply even if any limited remedy fails in its essential purpose.