FRONTLINE MEDICAL CORPORATION
LIMITED WARRANTY AND LIMITATION OF LIABILITY
Subject to the exceptions set forth below, FrontLine Medical Corporation’s sole warranty and representation to the customer is that all repair and maintenance services shall be performed in a good and workmanlike manner and that the specific problem addressed by the service performed shall not recur for a period of twelve months from the date of such repair or maintenance service.
FRONTLINE MEDICAL CORPORATION MAKES NO AND DISCLAIMS ALL OTHER REPRESENTATIONS, GUARANTIES, CONDITIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED OR ARISING UNDER ANY STATUTE, ORDINANCE, COMMERCIAL USAGE OR OTHERWISE, WITH RESPECT TO THE SERVICES PROVIDED HEREIN AND THE EQUIPMENT, ON-SITE BACK-UP UNITIS, COMPONANTS, SUPPLIES, PARTS, AND AMATERIALS PROVIDED IN CONNECTION WITH SUCH SERVICES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO THE MERCHANTIBILITY OF THE EQUIPMENT AND ON-SITE BACK-UP UNITS, OR THEIR FITNESS FOR A PARTICULAR PURPOSE, OR RELATING TO THE INFRINGEMNET OF ANY PATIENT, COPYRIGHT, OR OTHER PROPRIETARY RIGHT, OR ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES HEREIN. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL FRONTLINE MEDICAL CORPORATION BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, OR LIABILITIES TO OTHER PARTIES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT, OR BY THE NEGLIGENCE OF THE SERVICE PROVIDER OR OTHERWISE. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT FRONTLINE MEDICAL CORPORATION’S LIABILITY AND THE CUSTOMER’S EXCLUSIVE REMEDY IS LIMITED TO THE PERFORMANCE OF THE SERVICES PROVIDED BY THIS AGREEMENT OR THE FAIR MARKET VALUE THEREOF.
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