Page 72 - Diamond Products Catalog

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© Copyright 2014 Boart Longyear. All rights reserved.
WARRANTY (CONTINUED)
(d) Sourced Goods. If the defective parts or components are not manufactured by Boart Longyear, the guarantee of the manufacturer of those defective parts or components is accepted by the Purchaser and is the only guarantee given to the Purchaser in respect of the defective parts or components. Boart Longyear agrees
to assign to the Purchaser on request made by the Purchaser the benefit of any warranty or entitlement to the defective parts or components that the manufacturer has granted to Boart Longyear under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
(e) Limitation on Liability. Except as provided for herein, in no event will Boart Longyear
be liable for any indirect, incidental, special, consequential, punitive or similar damages including, but not limited to, lost profits, loss
of data or business interruption losses. In no event will the total, aggregate liability of Boart Longyear under the Contract exceed the value of the Contract under which liability is claimed. The liability limitations shall apply even if Boart Longyear has been notified of the possibility
or likelihood of such damages occurring and regardless of the form of action, whether in contract, negligence, strict liability, tort, products liability or otherwise. The parties agree that these limits of liability shall survive and continue in full force and effect despite any termination or expiration of any Contract. Any action by Purchaser against Boart Longyear must be commenced within one year after the cause
of action has accrued. No employee or agent of Boart Longyear is authorized to make any warranty other than that which is specifically set forth herein. The provisions in any specification, brochure or chart issued by Boart Longyear are descriptive only and are not warranties.