No other warranties,expressed,implled,or statutory,incluing any implled warranty of merchantability or of fitness for a particularpurpose shall be applicable to products provided hereunder and the forgegoing shall constitube the buyer’s sole right and remedy under this agreement. Notwithunderstanding any provision to the contracry,for prototype units dc5005,ccp-5050,rsp-5050 and cdu-4500(items 1-5 in paragraph 2 ‘commodities,quantity and unit price “)furnished under this contract,including without limitation equipment and software,are furnished “as is “and with all faults and defects therein,if any ,and without representation or warranty of any nature whatsoever,express or implied,oral or writtrn,including without limitation,any express or implied warranty of merchantability of fitness for a particular purpose.. No failure by either party to exericise and no delay in exericising any right,power or privilege hereunder will operate as a waive hereof,nor will any single or partial exercise of a any right or privilege hereunder preclude further exercise of the same right or the exercise of any right hereunder ,A waiver on one or more occasions of any of the provisions hereof shall not be deemed a continuing one.
------------------ ...
|