Limitation of Liability
PRODUCTS SOLD BY TRACKTRONICS TECHNOLOGIES ARE NOT RECOMMENDED OR AUTHORIZED FOR USE IN LIFE SUPPORT, SURGICAL IMPLANTATION, NUCLEAR OR AIRCRAFT APPLICATIONS OR FOR ANY USE OR APPLICATION IN WHICH THE FAILURE OF A SINGLE COMPONENT COULD CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY. Customer agrees that using or selling Products for use in such applications is done at its own risk, and agrees that Tracktronics Technologies and the manufacturer of the Products are not liable for any claim or damage arising from such use. Tracktronics Technologies shall not be liable for any incidental, special or consequential damages for breach of any warranty, expressed or implied, directly or indirectly arising out of Tracktronics Technologies sale of merchandise, including any failure to deliver any merchandise, or arising out of customer’s installation or use, whether proper or improper, of the product, separately or in combination with other equipment, or from any other cause. Tracktronics Technologie’s liability shall be limited to the replacement, or refunds of defective products only.