Remedy; Limitation of Liability. If PKI believes that GSI has breached any warranty it shall notify GSI of the way in which the GSI Product is defective and, upon request, shall return at GSI's expense the defective GSI Product or component part to GSI. If GSI agrees that the GSI Product is defective, it shall promptly repair or replace the defective GSI Product or issue a credit for the price of the GSI Product. EXCEPT WITH RESPECT TO THIRD PARTY PRODUCT LIABILITY CLAIMS ARISING FROM GSI PRODUCTS NOT CONFORMING TO THIS WARRANTY AND EXCEPT FOR GSI'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 8(b)(vi) BELOW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY PURCHASER OF GSI PRODUCTS FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, FOR LOSS OF ANTICIPATED PROFITS OR BUSINESS, OR FOR INTERRUPTIONS IN BUSINESS, WITH RESPECT TO ANY CLAIM OF ANY KIND RESULTING FROM THE GSI PRODUCTS OR THEIR USE OR MISUSE, ANY ORDER UNDER THIS AGREEMENT OR ANY PERFORMANCE, NON-PERFORMANCE OR BREACH OF THIS AGREEMENT, WHETHER THE BASIS OF SUCH LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), STATUTORY OR ANY OTHER LEGAL THEORY WHATSOEVER. The remedy set forth in this Section shall be PKI's sole and exclusive remedy for breach of GSI's warranties.
Appears in 3 contracts
Sources: Sales and Distribution Agreement (Genomic Solutions Inc), Sales, Marketing and Distribution Agreement (Genomic Solutions Inc), Sales, Marketing and Distribution Agreement (Genomic Solutions Inc)