Limited Warranty. Supplier warrants that any services provided pursuant to the Deliveries will be performed in a competent manner and in accordance with industry standards. In the case that Supplier is not the manufacturer or supplier of a Delivery (e.g., hosting services or a router), Supplier makes no warranty of any kind regarding such Delivery, and Supplier shall use its best reasonable efforts to obtain from its vendors or manufacturers, for the benefit of both Supplier and Client, such warranties as are normally offered by the manufacturer or supplier for such Deliveries. Supplier will assist Client in the process of filing and pursuing any warranty claims with the third party vendor or manufacturer, but it does not make any warranty or representation whether or not such a manufacturer or supplier warranty exists and/or if the same is sufficient or adequate.
Limitation on Damages. In no event will Supplier be liable to Client for any special, consequential, indirect, exemplary or incidental damages whether such claim is based on warranty, contract, tort (including negligence or strict liability), or any other legal theory. Supplier’s maximum liability, whether such liability is claimed as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, pursuant to or in connection with the Deliveries shall not exceed the purchase price paid for the Deliveries giving rise to the claim.
Rights and Responsibilities. Client is fully and solely responsible for all images, language, documents, and content provided to Supplier by Client for publication in or preparation of the Deliveries. Client represents and warrants that the same shall be free of any third party claims and that Supplier’s possession and/or use of the Deliveries will not violate the law or rights of any third parties. Client shall indemnify and hold Supplier harmless against any third party claims related to a violation of this paragraph, including liabilities associated with intellectual property and copyright violations and Supplier’s attorney fees. Unless otherwise agreed upon by Seller, Supplier reserves the right to use the Deliveries for its marketing purposes and shall have the right to display its name, its role in providing the Deliveries, and a link to Supplier’s website on the Deliveries. Client is responsible for providing timely and accurate information and documentation to Supplier upon request and reviewing and approving the Deliveries throughout the course of Supplier’s performance, time being of the essence. Costs associated with Client’s failure to satisfy this obligation may result in additional charges to Client.