Correction of non-conformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Accord Ventilation to our initial purchaser, with respect to the goods, whether based on contract, negligence, strict tort or otherwise.
It is the intention of Accord Ventilation that no warranty of any kind, whether express or implied, shall pass through our initial purchaser to any other person or corporation.
LIMITATION OF LIABILITY: Accord Ventilation SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, DAMAGES OR LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS, OR REVENUE, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT GOODS, OR CLAIMS OF CUSTOMERS OF OUR INITIAL PURCHASER. THE REMEDIES OF OUR INITIAL PURCHASER, AND ALL OTHERS, SET FORTH HEREIN ARE EXCLUSIVE, AND THE LIABILITY OF AMERICAN VALVE WITH RESPECT TO SAME SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF GOODS UPON WHICH SUCH LIABILITY IS BASED.