Exclusive Remedy; Exclusion Of Consequential Damage - MSA Altair 5X Mode D'emploi

1.3.2 Exclusive Remedy

It is expressly agreed that Purchaser's sole and exclusive remedy for
breach of the above warranty, for any tortious conduct of Seller, or for
any other cause of action, shall be the replacement at Seller's option, of
any equipment or parts thereof, which after examination by Seller is
proven to be defective.
Replacement equipment and/or parts will be provided at no cost to
Purchaser, F.O.B. Seller's Plant. Failure of Seller to successfully replace
any nonconforming equipment or parts shall not cause the remedy
established hereby to fail of its essential purpose.

1.3.3 Exclusion of Consequential Damage

Purchaser specifically understands and agrees that under no
circumstances will seller be liable to purchaser for economic, special,
incidental or consequential damages or losses of any kind whatsoever,
including but not limited to, loss of anticipated profits and any other loss
caused by reason of nonoperation of the goods. This exclusion is
applicable to claims for breach of warranty, tortious conduct or any
other cause of action against seller.
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