1. CHANGES, CANCELLATION, AND RETURN.
1.1. Orders accepted by Seller are not subject to change, except upon written agreement.
1.2. Orders accepted by Seller are non-cancellable by Buyer except upon Seller's written consent and payment by Buyer of Seller's cancellation charges up to twenty-five percent (25%) of the price of the affected Equipment, plus any shipping, insurance, inspection and refurbishment charges. In no event can an order be cancelled by Buyer or Equipment be returned to Seller after shipment has been made from the supplier of such Equipment.
2. WARRANTY. Seller agrees to use commercially reasonable efforts to pass on, on a non- exclusive basis, from any manufacturers or suppliers of Equipment, the product warranties and indemnities provided by the manufacturer or supplier. Buyer acknowledges that at all times Seller shall be able to rely for its own benefit on such warranties and indemnities and Seller shall not be obligated to pass on such warranties and indemnities if such action shall result in Seller being unable to rely on the warranties and indemnities for its own benefit.
3. DISCLAIMER. SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF ANY PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR USE OR PURPOSE. BUYER SHALL LOOK TO THE MANUFACTURER OF PRODUCTS FOR ANY WARRANTY THEREON. NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF SELLER HAS ANY AUTHORITY TO MAKE ANY AFFIRMATION, REPRESENTATION, OR WARRANTY CONCERNING PRODUCTS NOT SET FORTH IN THIS AGREEMENT.
BUYER SHALL NOT HOLD SELLER LIABLE FOR ANY DEFECT IN PRODUCTS, REGARDLESS OF KIND, UNLESS SUCH DEFECT RESULTS FROM THE WILLFUL DEFAULT OR GROSS NEGLIGENCE OF SELLER. BYER AGREES TO FILE SOLELY WITH THE MANUFACTURER OF THE PRODUCTS ANY CLAIM OR LAWSUIT ALLEGING LOSS, INJURY, DAMAGE, OR DEATH ARISING OUT OF OR CAUSED BY THE USE, SALE, DISTRIBUTION, OR POSSESSION OF PRODUCTS.
4. LIMITATION OF LIABILITY. SELLER SHALL NOT BE LIABLE FOR ANY LOSS OF USE, REVENUE OR ANTICIPATED PROFITS, OR FOR ANY OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FROM ANY CAUSE WHATSOEVER. THE FOREGOING IS A SEPARATE ESSENTIAL TERM OF THIS AGREEMENT AND SHALL BE EFFECTIVE UPON THE FAILURE OF ANY REMEDY, EXCLUSIVE OR NOT.