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not warrant products it does not manufacture except to the extent the warranty of the
manufacturer of the product at issue passes through or is otherwise assigned to
PAC. BUYER further agrees that BUYER's SOLE AND EXCLUSIVE REMEDY for
PAC's breach of the stated responsibility shall be limited to the difference between the
resale product manufacturer's price to PAC and PAC's price to BUYER for resale
products.
5. Expenses for Non-Warranty Work. All repairs or replacements by PAC after the
expiration of any applicable limited warranty period will be performed in accordance with
PAC's standard rate for parts and labor. Further, if upon PAC's inspection and review,
PAC determines the condition of the product for which a warranty claim is submitted is
not caused by a defect in PAC's material and workmanship, but is the result of some other
condition, including but not limited to damage caused by any of the events or conditions set
forth in Section I.3., BUYER shall be liable for all expenses incurred by PAC to conduct
the inspection and review of the product.
6. Exclusive Remedy. The limited warranty contained herein constitutes BUYER's
exclusive remedy with respect to products sold by PAC and PAC's liability shall be
exclusively limited to the written limited warranty specified herein. No employee,
representative or agent of PAC is authorized to either expressly or impliedly modify,
extend, alter or change any of the limited warranties expressed herein to BUYER.
7. Procedure and Costs. All limited warranty claims must be made in writing
promptly following discovery of any failure to conform to specifications or any defect in
materials or workmanship. BUYER must hold products for inspection by PAC. If
requested by PAC, BUYER must send the product to PAC for inspection. Any such returns
by BUYER will be at BUYER's expense and BUYER will remain liable for any loss of or
damage to the product during such product's transportation to PAC. No products will be
sent to PAC for inspection unless PAC has authorized BUYER to do so.
8. Terms and Conditions. PAC's General Terms and Conditions are incorporated
herein by reference and BUYER accordingly agrees to be bound by the terms thereof.
II. Limitations on PAC Liability
1. In General. BUYER agrees that in no case shall PAC be liable for any special,
incidental, consequential, or punitive damages based upon any legal theory whether or not
such damages are foreseeable. 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, injury to property and, unless precluded under
applicable state law, bodily and personal injury. PAC's total liability for any and all losses
and damages arising out of any and all causes whatsoever including, without limitation,
defects in the product(s), services, software, or documentation supplied or breach of this
agreement, shall in no event exceed the purchase price of the applicable