Limitations of Liability
Liftex Corporation shall not be liable for any direct, special, indirect, incidental, consequential, punitive or exemplary damages of any kind, irrespective of the form of action, irrespective of how it arises, and even if Liftex Corporation knew or had reason to know of the possibility of such damages, irrespective of whether arising from activities performed with its product, or the negligence or other tort of Liftex Corporation. In addition, Liftex Corporation shall not be liable for any non-party claim related to the use of is product.
Liftex Corporation hereby expressly disclaims all such damages. Notwithstanding the foregoing, in the event of any claim for breach of any of Liftex Corporation's obligations, whether express or implied, and particularly of any other claim or breach of warranty contained in the above warranties and disclaimers, or of any other warranties, express or implied, or claim of liability that might, despite the abovementioned warranties and disclaimers, be decided against Liftex Corporation by lawful authority, Liftex Corporation shall under no circumstances be liable for any consequential damages, losses, or expenses arising in connection with the use of, or inability to use, Liftex Corporation product for any purpose whatsoever.
If for any reason any of the foregoing provisions shall be ineffective, any claim against Liftex Corporation for damages arising out of its manufacture or sale of equipment, or use thereof, whether such liability is based on warranty, contract, negligence, strict liability in tort, or otherwise, shall not in any event exceed the full purchase price of the product.
The Laws of the Commonwealth of Pennsylvania shall govern all disputes arising out of or based upon the use of Liftex Corporation products. Any action against Liftex Corproation based upon any liability or obligation arising hereunder or under any law applicable to the sale of equipment or use thereof, must be commenced within one year after the cause of action arises or is waived. Synthetic products should never be used by children under the age of eighteen and only qualified rigging professionals trained in the use of synthetic slings.
