Sales Policy

To the maximum extent permitted by law, neither party will be liable to the other party for any Consequential Loss arising out of, or in connection with, the supply of Goods, these Terms of Sale, or any breach, negligence, or termination thereof.

For the purposes of this agreement, "Consequential Loss" includes, but is not limited to:

• •Loss of use, loss of production, or factory downtime.
• •Loss of revenue, profit, anticipated savings, or business opportunity.
• •Damage to goodwill, reputation, or business interruption.
• •Loss, corruption, or recovery of data or software configurations.
• •Claims by third parties (including the Buyer's customers) for any of the above losses.
• •Costs associated with the removal, re-installation, or labor costs of replacing defective Goods.

Subject to clause 3 (Australian Consumer Law Guarantees), the total aggregate liability of the Seller to the Buyer for all claims, losses, damages, or liabilities arising under or in connection with these Terms of Sale—whether arising in contract, tort (including negligence), equity, strict liability, under statute, or otherwise—shall be strictly limited to an amount equal to the total fees actually paid by the Buyer to the Seller for the specific Goods giving rise to the claim.

Nothing in these Terms of Sale excludes, restricts, or modifies any condition, warranty, statutory guarantee, right, or remedy implied or imposed by the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) which cannot be lawfully excluded or limited.

Where the Seller's Goods fail to meet a consumer guarantee under the ACL, and the Goods are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, the Seller's liability for such failure is strictly limited (at the Seller's sole option) to:

• •The replacement of the Goods or the supply of equivalent Goods;
• •The repair of the Goods;
• •The payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
• •The payment of the cost of having the Goods repaired.

The Seller shall not be held liable for any delay, failure, or defect in the Goods resulting directly or indirectly from forces beyond its reasonable control, or due to operational integration by the Buyer that violates the technical specifications, voltage requirements, environment thresholds, or deployment guidelines provided in the product's official datasheet.