5
Any product description (whether in writing or made orally by ADI or ADI’s agents), specifica-
tions, samples, models, bulletin, drawings, diagrams, engineering sheets, or similar materials
used in connection with the Buyer’s order are for the sole purpose of identifying ADI’s prod-
ucts and shall not be construed as an express warranty or condition. Any suggestions by ADI
or ADI’s agents regarding use, applications or suitability of the products shall not be con-
strued as an express warranty or condition unless confirmed to be such in writing by ADI.
ADI does not represent that the products it sells may not be compromised or circumvented;
that the products will prevent any personal injury or property loss by burglary, robbery, fire or
otherwise, or that the products will in all cases provide adequate warning or protection. Buyer
understands and will cause its customer to understand that a properly installed and main-
tained product is not insurance or guarantee that such will not cause or lead to personal injury
or property loss. CONSEQUENTLY ADI SHALL HAVE NO LIABILITY FOR ANY PERSONAL
INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON ANY CLAIM AT ALL IN-
CLUDING A CLAIM THAT THE PRODUCT FAILED TO GIVE WARNING. However, if ADI is
held liable whether directly or indirectly for any loss or damage with respect to the products it
sells, regardless of cause or origin, its maximum liability shall not in any case exceed the
purchase price of the product, which shall be fixed as liquidated damages and not as a
penalty and shall be the complete and exclusive remedy against ADI.
3. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY
Buyer agrees to limit liability to its customers to the fullest extent permitted by law. Buyer
acknowledges that ADI shall only be deemed to give consumers of its products such statutory
warranties as may be required by law and at no time shall Buyer represent to its customers
and/or users of ADI products that ADI provides any additional warranties. By accepting the
products, to the fullest extent permitted by law, Buyer assumes all liability for, and agrees to
indemnity and hold ADI harmless against and defend ADI from, any and all suits, claims,
demands, causes of action and judgments relating to damages, whether for personal injury or
to personal property, suffered by any person, firm, corporation or business association,
including but not limited to, Buyer’s customers and/or users of the products because of any
failure of the products to detect and/or warn of the danger for which the goods were designed
or any other failure of the products whether or not such damages are caused or contributed to
by the sold or joint concurring negligence or fault of ADI.
