ANY DRAWINGS, CALCULATIONS AND/OR SERVICES PROVIDED HEREUNDER ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE? (EVEN IF TYCO FIRE PROTECTION PRODUCTS HAS BEEN ADVISED OF SUCH PURPOSE).? NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TYCO FIRE PROTECTION PRODUCTS OR ITS DEALERS, DISTRIBUTORS, AGENTS, SHALL CREATE SUCH A WARRANTY.
All Tyco Fire Protection Products drawings, calculations and/or related submittals will be based upon information provided by Contractor and Tyco Fire Protection Products will not make any independent determination of site conditions or the applicability of local codes or any other requirements not specifically included in this proposal. All Tyco Fire Protection Products drawings, calculations and/or related submittals are furnished solely as an aid in procurement and installation and in compliance only with codes specified herein and accurate only at the time of this quotation. Tyco Fire Protection Products is not responsible for design by the engineer of record or for the erections or operation of the system.
LIMITATION OF LIABILITY
Under no circumstances will Tyco Fire Protection Products have any liability to Contractor for direct, consequential, exemplary, incidental, indirect, punitive, or special damages or costs (including attorney' fees), or loss of profits, revenue or goodwill resulting from the use or inability to use, or performance or nonperformance of the drawings, calculations and/or services provided by Tyco Fire Protection Products to Contractor hereunder, even if Tyco Fire Protection Products has been advised of the possibility of such damages. The liability of Tyco Fire Protection Products, with regard to descriptions, lengths, locations, dimensions or any other data supplied by Tyco Fire Protection Products, shall be limited to the amount charged by Tyco Fire Protection Products for the drawing, calculations and/or services at issue.
All products produced by Tyco Fire Protection Products must be used in accordance with published specifications (including but not limited to Tyco Fire Protection Products technical data sheets) and applicable codes.
This Agreement constitutes the sole and complete understanding between the parties with respect to the subject matter hereof and may not be varied except by writing which states that it is such a modification, and is signed by officers or duly authorized representatives of the parties. If there is any conflict between this proposal and documents originating from Contractor, the terms and conditions of this proposal shall govern.