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Limitation of Liability The essential purpose of this provision is to limit seller's (Gill Welding & Fabrication) liability hereunder. Under no circumstances will seller, its employees, officers or directors, agents, successors or assigns be liable to anyone under any product order, schedule or terms and conditions herein under any contract, strict liability, tort (including negligence) or other legal or equitable theory, whether or not foreseeable or foreseen, for: (a) business interruption costs, cost of rework, retesting, procurement of substitute goods, removal and reinstallation of goods; or (b) any special, incidental, exemplary, indirect or consequential damages, including without limitation loss of life, bodily injury, lost profits, litigation costs, loss of data, production or profit, goodwill, loss of revenue, or loss of units; regardless of whether seller has been advised of the possibility of such damages, there is a total and fundamental breach of this agreement or whether any remedy provided herein fails of its essential purpose. The limit of liability for any claims shall not exceed the amount paid or prepaid on account by buyer for the goods giving rise to such claims. Buyer shall be deemed to assume all liability for any and all damages arising from or in connection with the use or misuse of the goods by buyer, its employees, customers and others. Seller shall not be liable for and buyer agrees to indemnify, defend and hold seller harmless from any claims based on seller's compliance with buyer's designs, specifications or instructions, or modification of any goods by parties other than seller or manufacturer, or use in combination with other products.
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