Subject to the remedy limitations provided in the section below, Computer Aided Technology, Inc. MCAD Technologies, and or InFlow Technology, LLC., (CATI) warrants that its Services will be performed in a competent and workmanlike manner in accordance with applicable industry standards
CATI shall, as Client’s exclusive remedy and CATI’s sole liability hereunder, (i) re-perform any part of the Services not performed in compliance with the foregoing warranties brought to its attention in writing in reasonable detail promptly after that part of the Services was performed and, (ii) if CATI determines that it is unable to comply with such warranty as to a portion of the Services, refund the fees paid by Client for that portion of the Services
The Preceding is the only warranty of CATI, its subcontractors, agents and affiliates (collectively, the “Company Parties” concerning the services and any work, other CATI IP, or third party IP and is made expressly in lieu of all other warranties and representations, expressed or implied, including any implied warranties of fitness for a particular purpose, merchant – ability, non-infringement or otherwise.
THE PRECEDING IS THE ONLY WARRANTY OF CATI, ITS SUBCONTRACTORS, AGENTS AND AFFILIATES (COLLECTIVELY, THE “COMPANY PARTIES”) CONCERNING THE SERVICES AND ANY WORK, OTHER CATI IP, OR THIRD PARTY IP AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANT-ABILITY, NON-INFRINGEMENT OR OTHERWISE.
Limitation of Liability
In no event shall any Company party be liable hereunder, whether in contract, tort (including, without limitation, negligence) or otherwise, for special, indirect, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of data, lost profits, lost revenues or savings), even if it has been advised of their possible existence or if they are foreseeable. In no event shall any company party be liable for amounts in excess of the amount paid or payable by Client to CATI hereunder.
IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOST PROFITS, LOST REVENUES OR SAVINGS), EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE OR IF THEY ARE FORESEEABLE. IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR AMOUNTS IN EXCESS OF THE AMOUNT PAID OR PAYABLE BY CLIENT TO CATI HEREUNDER.
Client’s exclusive remedy for any claim arising out of this Agreement for which another remedy is not provided in this Statement of Work shall be for CATI, upon written notice, to use commercially reasonable efforts to cure the breach at its expense, and, if such cure is not effected in a reasonable time, to refund the fees paid to CATI for the Services related to the breach
Any costs incurred and services (at the rates provided for in this Statement of Work) provided by CATI in connection with any attempt to provide an express remedy or indemnity provided for in this Statement of Work shall be deemed amounts paid by CATI for purposes of calculating its aggregate liability.
These allocations of liability represent the agreed, bargained-for understanding of the parties and CATI’s compensation hereunder reflects such allocations. The limitations on liability and types of damages stated in this Agreement are intended by the parties to apply regardless of the form of any lawsuit or claim a party may bring, whether in tort, contract or otherwise, and regardless of whether any limited remedy provided in this Statement of Work fails of its essential purpose.