Except for Seller’s gross negligence, Seller will not be responsible for any kind of harm arising out of Buyers purchase, possession and/or use of any product and/or materials supplied by Seller and/or any technical advice Seller may offer, except as agreed in the Limited Warranty set out above.
Except for Seller’s gross negligence, Buyer shall indemnify and hold Seller harmless for any and all costs and/or claims related directly or indirectly to Buyer’s or any third party’s use, sale, distribution, manufacturing, disposal, and/or destruction of an of the products Buyer purchases from Seller. Seller will not be liable for consequential, special, incidental, and/or exemplary damages, including, but not limited to, loss of profits, cost of any substitute for the products purchased, claims of third parties and/or injury to person and/or property.
Seller will not be responsible if Seller cannot perform under this Agreement if events beyond Seller’s control occur which make it impossible or commercially unreasonable for Seller to perform, including so-called “Acts of God” or “force majeure” events and/or raw material shortages.
Buyer understands that Seller’s materials and/or products are not intended for use in any medical application involving implantation in the human or any such implantation and agrees not to use any of Seller’s materials and/or products for any such application, or for other application into which, to Buyer’s knowledge, Seller has previously declined to sell material and/or product.