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AK Scientific' sole obligation and the Buyer's exclusive remedy with respect to products proved to AK Scientific's satisfaction to be defective or nonconforming shall be return of such products to AK Scientific, and refund of the purchase price actually paid therefore by the Buyer. AK Scientific shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or other theories of law, with respect to goods sold or technical services rendered by AK Scientific, or any undertakings, acts or omissions relating thereto. Without limiting the generality of the foregoing, AK Scientific specifically disclaims any liability for property or personal injury damages penalties, special or punitive damages, damages or lost profits or revenues, loss of use of product or any associated equipment, cost of capital, cost substitute products, facilities or services, down-time, shut-down, or slow-down costs, or for any other type of economic loss and for claims of the Buyer's customers or any third party for any such damages. AK SCIENTIFIC SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDEN-TAL AND CONTINGENT DAMAGES WHATSOEVER. The Buyer shall indemnify AK Scientific from and against any and all losses, damages and expenses (including attorney's fees and other costs of defending any action) that AK Scientific may sustain or incur as a result of any claim of breach of contract, tort (including negligence, breach of implied warranty, strict liability in tort) or other theories of law, by the Buyers, its officers, agents or employees, its successors and assigns, and its customers, or other persons, whether direct or indirect, in connection with the use of the product furnished hereunder. Toxic Substance Control Act (TSCA) AK Scientific does not warrant that its products are listed in the chemical substances inventory under the Toxic Substance Control Act (TSCA). The Buyer represents and warrants that the use of products purchased from Seller will be in full compliance with the act and its regulations. CONDITIONS OF SALE AK Scientific accepts buyer's orders solely upon the terms and conditions stated herein. Acceptance of buyer's orders is expressly conditional on buyer's acceptance of these terms and conditions.