AND FITNESS FOR A PARTICULAR PURPOSE. In no case shall NTN be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict tort, or any other legal theory, and in no case shall total liability of NTN exceed the purchase price of the part upon which such liability is based. Such damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of use of the product or any associated equipment, cost of capital, cost of any substitute equipment, facilities or services, downtime, the claims of third parties including customers, and injury to property. Some states do not allow limits on warranties, or on remedies for breach in certain transactions. In such states, the limits in this paragraph and in paragraph (2) shall apply to the extent allowable under case law and statutes in such states. Any action for breach of warranty or any other legal theory must be commenced within 15 months following delivery of goods. Unless modified in writing signed by both parties, this agreement is understood to be the complete and exclusive agreement between the parties, superceding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. No employees of NTN or any other party is authorized to make any warranty in addition to those made in this agreement. This agreement allocates the risks of product failure between NTN and the purchaser. This allocation is recognized by both parties and is reflected in the price of the goods. The purchaser acknowledges that is has read this agreement, understands it, and is bound by its terms. We thank you for your favorable interest in NTN products. We have revised our general catalog “Bearings” to incorporate the latest revisions of JIS (Japanese Industrial Standards) and ISO (International Organization for Standardization) according to a new editing policy. We hope the catalog will be useful to you. The expression method of chamfer dimensions, bearing accuracy, quantity symbols, and definitions have been revised by JIS and ISO. Our catalog has been revised in conformity with the JIS and ISO revisions. Basic load ratings have been revised with improvements in our materials and manufacturing techniques and according to JIS B 1518-1989. Further, the unit system has been revised entirely according to JIS Z 8202 and ISO 1000. NTN Needle roller bearings, bearing units, pillow block precision ball screws, linear slides, and other linear motion bearings are not listed in this catalog. They are listed in a separate catalog. A separate catalog also has been compiled for other NTN products such as constant velocity universal joints, high pressure pipe fittings, static air bearings and slides, magnetic bearings, and other precision and industrial equipment. Although care has been taken to assure the accuracy of the data compiled in this catalog. NTN does not assume any liability to any company or person for errors or commissions.
Appears in 3 contracts
Sources: Warranty Agreement, Warranty Agreement, Warranty