TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KOCH INDUSTRIES, INC. OR ITS SUPPLIERS BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES OR INJURY, LOSS OF BUSINESS PROFITS, ADMINISTRATIVE COSTS, PROFESSIONAL FEES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS CAUSED BY DEFECT, FAILURE OR OTHERWISE, WHETHER ARISING UNDER WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE, INCLUDING IF KOCH INDUSTRIES, INC. AND/OR ITS SUPPLIERS HAS OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KOCH INDUSTRIES, INC.’S LIABILITY UNDER ANY CAUSE OF ACTION RELATING TO ANY PRODUCT EXCEED THE PURCHASE PRICE OF SUCH PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVER LIMITATION MAY NOT APPLY TO YOU.
The terms set forth in the sections above are agreed upon allocations of risk and cost of the product(s) based on the terms of each sale of product by Koch Industries, Inc. Such terms constitute the entire agreement of the parties with respect to this subject matter, are deemed accepted upon any product order placed with Koch Industries, Inc. and shall prevail over any contrary, additional or different terms not agreed to by an executive of Koch Industries, Inc. in a signed, non-preprinted document. Should any provision of the foregoing Koch Industries, Inc. Return Policy, Limited Warranty and/or Limitation of Liability are held to be invalid, inoperative or unenforceable, such circumstances shall not affect the validity or enforceability of any other provision of the foregoing Koch Industries, Inc. Return Policy, Limited Warranty and/or Limitation of Liability. The balance of the foregoing Koch Industries, Inc. Return Policy, Limited Warranty and/or Limitation of Liability not so affected shall remain in full force and effect, and such invalid, inoperative or unenforceable provision shall be reformed so that it is valid, operative and enforceable, to the maximum extent permitted by law.
This Limited Warranty is governed by and construed in accordance with the laws of Minnesota, U.S.A., except for any body of law governing conflicts of law. The parties to this Limited Warranty (together the “Parties” and individually a “Party”) agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby specifically excluded in its entirety from application to the Limited Warranty.
All disagreements and disputes arising out of or in connection with this Limited Warranty shall be fully and finally settled by arbitration. The decision of the arbitrator shall be final and binding upon the Parties (save in the case of manifest error). The award of the arbitrator shall be made in writing and set forth the reasons for the decision. Unless otherwise prohibited by law in Customer’s jurisdiction, the arbitration shall be: (i) held in Minneapolis, Minnesota, U.S.A.; (ii) conducted under Minnesota law; (iii) conducted in the English language; (iv) settled under the Commercial Rules of the American Arbitration Association; and (v) heard by one arbitrator appointed in accordance with said Rules. No dispute between the Parties, or involving any person or entity except You, the single individual Customer claiming hereunder, may be joined or combined together with any other customers or claimants or Parties, without the prior written consent of Koch Industries, Inc.
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