Clayens US LLC

THE LIMITED WARRANTY SET FORTH HEREIN. TOOLING Tools purchased by Buyer shall be considered the sole property of Buyer. Buyer agrees for its benefit to keep the tools insured at all times against loss or damage. Once production which utilizes these tools has been terminated, Buyer shall have thirty days in which to remove the tools from Company’s facility. If these tools are not removed the Company reserves the right to dispose of the tool in any manner it deems necessary and/or to charge Buyer reasonable cost of storage. Nonpayment of any balances owed Seller will result in the Buyer granting to the Seller a lien on all tooling held at Seller’s locations until such balances are paid in full. LIMITATION OF LIABILITY IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND 4 NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF

“THE LIMITED WARRANTY SET FORTH HEREIN” · August 6, 2007 · open the document (PDF)