Special order items or custom order items are items which we do not normally stock. We do our best to procure Special order items as soon as possible, however, there is no guarantee in shipment times, arrivals, or dispatch on Special order items. For any Special order items, SELLER MAKES NO OTHER WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, CONCERNING THE PRODUCT OR ITS MERCHANTABILITY, FITNESS THEREOF FOR ANY PURPOSE, OR ITS NON-INFRINGEMENT. Seller shall not be liable for special, indirect, consequential or punitive damages of any kind under this Agreement or otherwise, whether or not caused by its negligence, and assumes no risk whatsoever as to the result of the use of Product either singly or in combination with other material. IN THE EVENT THAT THIS DISCLAIMER OF LIABILITY IS HELD BY A COURT OF COMPETENT JURISDICTION NOT TO APPLY TO BUYER, SELLER’S MAXIMUM LIABILITY TO BUYER ON ANY CLAIM IN ANY WAY CONNECTED WITH THE SALE OR USE OF ANY OF THE PRODUCTS, WHETHER LIABILITY ARISES IN CONTRACT, FROM BREACH OF WARRANTY, IN TORT OR OTHERWISE, SHALL BE LIMITED TO THE PRODUCT’S INVOICE PRICE. Seller reserves the right to discontinue deliveries without liability to Buyer if in Seller’s opinion the manufacture, sale or use of Product as such would infringe any patent not held by or licensed to Seller.
