INDEMNIFICATION AND LIMITATION OF LIABILITY
- You agree to indemnify, defend and hold harmless K.Patel Phyto Extractions Ltd. (India) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by K.Patel Phyto Extractions Ltd. (India) that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Sale or any Additional Terms applicable to the purchase of products and services on the Website.
- In no event shall K.Patel Phyto Extractions Ltd. (India), its affiliates, officers, directors, employees, partners or dealers/sub-dealers be liable to you, the dealer/sub-dealer or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not K.Patel Phyto Extractions Ltd. (India) has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, K.Patel Phyto Extractions Ltd. (India)’s entire liability to you under this Terms of Sale or otherwise shall be the refund of the money charged from you for any specific product or service, under which the unlikely liability arises.
- K.Patel Phyto Extractions Ltd. (India) shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required.