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CONTACT USOffice Tel: 087 057 4736 (8:00 to 17:00) Monday to Friday
Technical Support: Hugo Kriegler support@infinity-iot.co.za National Sales: Brett Bayvel brett@infinity-iot.co.za 082 336 5990 Western Cape Sales: Tamsyn Smit tamsyn@infinity-iot.co.za 084 240 6938 |
TERMS AND CONDITIONS
This document contains the terms and conditions that apply to Customer's purchases of Products from INFINITY IOT. Acceptance of Customer's order is based on these terms and conditions of sale applying. By accepting delivery of products from INFINITY IOT, Customer agrees to be bound and to accept these terms and conditions. These terms and conditions shall apply unless Customer and INFINITY IOT have signed a separate purchase agreement with different terms and conditions which expressly control.
1. Terms of Sale: payment terms are net 30 days from invoice date with approved credit. (To apply for credit, please request our credit application form. Please allow five (5) business days for the credit review to be conducted.) If credit has not been established with INFINITY IOT, terms shall be designated as payment in advance. INFINITY IOT reserves the right at any time and for any reason to require payment in advance, or otherwise to modify, suspend, or terminate any credit terms previously extended to Customer. INFINITY IOT shall be entitled to refuse or delay shipments for failure by Customer to pay within terms any payments due INFINITY IOT, whether on this or any other contract between INFINITY IOT and Customer.
In the event that it becomes necessary for INFINITY IOT to incur collection costs to collect any amount due and payable, Customer agrees to pay such additional collection costs, charges, and expenses, including attorney's fees if the account is placed in the hands of an attorney or an agency for collection. Prices are subject to change without notice. Payments should be made according to the instructions on the face of the invoice, based on one of the forms of payment described in section 4 of this document.
2. Order Placement: INFINITY IOT will accept orders via Email.
3. Payment for Monitoring Services: Payment for monitoring services shall proceed monthly or annually if agreed upon, with the first services billed upon initiation of the premium service on the INFINITY IOT system. Acceptable forms of payment via EFT only.
5. Payment for Cellular Data Service Plan: Cellular data fees are based upon monthly or annual billing cycle. If data usage exceeds the (pre-paid) 50 megabyte allowance, automatic billing will occur for the next megabyte at that point (and so-on). Data usage resets at the beginning of the customers billing cycle each year. Customer is obligated to stay current with all cellular service plan fees. Failure to do so may result in suspension or termination of service, in which case, early termination fees or a re-connection fee may apply.
6. International Customers: INFINITY IOT is not responsible for any brokerage, customs fees, or country taxes. The actual value of all orders is indicated on the invoice, and restatements using lower values are not permitted.
7. Title and Risk of Loss: title to products and risk of loss passes from INFINITY IOT to Customer upon shipment from INFINITY IOT's facilities and delivery of product to a common carrier. Title to software will remain with the applicable licensor(s).
8. Claims for Missing or Damaged Goods: any claims by Customer for omission of products in the shipped goods, shortages of product, or damaged goods in a shipment are waived by Customer unless Customer provides notice to INFINITY IOT within 3 days after Customer's receipt of shipment.
9. Acceptance & Returns: Deliveries are deemed to have been accepted by the buyer upon receipt of delivery. All delivery discrepancies must be reported to INFINITY IOT within three (3) business days of receipt of shipment. Returns are subject to a 25% restocking fee of the invoiced amount (excluding taxes, duties and shipping). To qualify for a refund, credit (excluding delivery fees, duties and taxes) or swap out customer must request an RMA (Return Merchandise Authorization) form through the Infinity web application under support within 7 days. Requests for an RMA after 7 days will be evaluated on a case-by-case basis and subject to management approval. Requests for any warranty work or product exchanges require an RMA. All product returns must comply with INFINITY IOT’s RMA policies. Custom products, customized products, modifications to standard products, and products altered by the customer are not eligible for return. All returns must be shipped (at buyer’s expense) to INFINITY IOT’s address as provided in the RMA policies provided by INFINITY IOT. There is no refund on delivery and handling charges.
10. Return Merchandise Authorization (RMA) Policy: Product must be in its original packaging. Product must be returned via a courier that provides buyer with a shipment tracking number (i.e. FedEx, UPS, DHL). A valid RMA number must accompany the return and be visible on the outside of the returned package. Returns without an RMA number will be rejected and returned at buyer’s expense. Product being returned within the initial 7 day period for refund or credit must be complete. Failure to return all product will result in a partial refund or credit.
11. Limited Warranty: (a) INFINITY IOT warrants that INFINITY IOT-branded products will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery with respect to hardware and will materially conform to their published specifications for a period of one (1) year with respect to software. INFINITY IOT may resell sensors manufactured by other entities and are subject to their individual warranties; INFINITY IOT will not enhance or extend those warranties. INFINITY IOT does not warrant that the software or any portion thereof is error free. INFINITY IOT will have no warranty obligation with respect to Products subjected to abuse, misuse, negligence or accident. If any software or firmware incorporated in any Product fails to conform to the warranty set forth in this Section, INFINITY IOT shall provide a bug fix or software patch correcting such non-conformance within a reasonable period after INFINITY IOT receives from Customer (i) notice of such non-conformance, and (ii) sufficient information regarding such non-conformance so as to permit INFINITY IOT to create such bug fix or software patch. If any hardware component of any Product fails to conform to the warranty in this Section, INFINITY IOT shall, at its option, refund the purchase price less any discounts, or repair or replace nonconforming Products with conforming Products or Products having substantially identical form, fit, and function and deliver the repaired or replacement Product to a carrier for land shipment to customer within a reasonable period after INFINITY IOT receives from Customer (i) notice of such non-conformance, and (ii) the non-conforming Product provided; however, if, in its opinion, INFINITY IOT cannot repair or replace on commercially reasonable terms it may choose to refund the purchase price. Repair parts and replacement products may be reconditioned or new. All replacement products and parts become the property of INFINITY IOT. Repaired or replacement products shall be subject to the warranty, if any remains, originally applicable to the product repaired or replaced. Customer must obtain from INFINITY IOT a Return Material Authorization Number (RMA) prior to returning any Products to INFINITY IOT. Products returned under this Warranty must be unmodified.
Customer may return all Products for repair or replacement due to defects in original materials and workmanship if INFINITY IOT is notified within thirty (30) days of customer's receipt of the product. INFINITY IOT reserves the right to repair or replace products at its own and complete discretion. Customer must obtain from INFINITY IOT a Return Material Authorization Number (RMA) prior to returning any products to INFINITY IOT. Products returned under this Warranty must be unmodified and in original packaging. INFINITY IOT reserves the right to refuse warranty repairs or replacements for any products that are damaged or not in original form. For products outside the 1 year warranty period repair services are available at INFINITY IOT at standard labour rates for a period of one year from the Customer's original date of receipt.
(b) As a condition to INFINITY IOT's obligations under the immediately preceding paragraphs, Customer shall return Products to be examined and replaced to INFINITY IOT's facilities, in shipping cartons which clearly display a valid RMA number provided by INFINITY IOT. Customer acknowledges that replacement products may be repaired, refurbished or tested and found to be complying. Customer shall bear the risk of loss for such return shipment and shall bear all shipping costs. INFINITY IOT shall deliver replacements for Products determined by INFINITY IOT to be properly returned, shall bear the risk of loss and such costs of shipment of repaired products or replacements, and shall credit Customer's reasonable costs of shipping such returned Products against future purchases.
(c) INFINITY IOT's sole obligation under the warranty described or set forth here shall be to repair or replace nonconforming products as set forth in the immediately preceding paragraph, or to refund the documented purchase price for non-conforming Products to Customer. INFINITY IOT's warranty obligations shall run solely to Customer, and INFINITY IOT shall have no obligation to customers of Customer or other users of the Products.
12. Limitation of Warranty and Remedies. THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY APPLICABLE TO PRODUCTS PURCHASED BY CUSTOMER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. INFINITY IOT'S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT. UNDER NO CIRCUMSTANCES SHALL INFINITY IOT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING INFINITY IOT'S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. IN ADDITION TO THE WARRANTIES DISCLAIMED ABOVE, INFINITY IOT SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESSED, FOR USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A PRODUCT COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE SUCH AS, BUT NOT LIMITED TO, LIFE SUPPORT OR MEDICAL DEVICES OR NUCLEAR APPLICATIONS. PRODUCTS ARE NOT DESIGNED FOR AND SHOULD NOT BE USED IN ANY OF THESE APPLICATIONS.
13. Indemnification: INFINITY IOT shall defend or settle any claim, suit, or action against Customer based on an allegation that any Product purchased by Customer from INFINITY IOT infringes any third party's patent or copyright; provided, that Customer has made no modification or alterations to the product and that Customer gives INFINITY IOT prompt written notice of any claim or suit, sole authority to defend or settle as it sees fit, and full cooperation. INFINITY IOT may, at its sole option and expense (i) procure for Customer the right to continue using the product (ii) modify the product so that it is non-infringing (iii) procure a replacement product that has substantially the same functionality, or if none of the above options is reasonably available (iv) refund to customer the purchase price originally paid less a use credit for the period of use.
INFINITY IOT has no liability for any claim, suit or action based in whole or in part upon or arising out of compliance with Customer's designs, specifications or instructions, modification of the Hardware or Software, or the combination of the Hardware or Software with products or items not furnished by INFINITY IOT. THIS SECTION STATES INFINITY IOT'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM, SUIT, OR ACTION ALLEGING INFRINGEMENT OF ANY THIRD PARTY PATENT OR COPYRIGHT.
14. Software: all software is owned by INFINITY IOT or a third party licencor who shall retain exclusive right, title and ownership of the software. Customer is granted a limited, personal, non-exclusive license, without the right to sub-license, to use the software only with the specific INFINITY IOT manufactured hardware that such software is intended to operate with or, if not for use with specific INFINITY IOT manufactured hardware, then for the use intended by the Product specification.
15. Force Majeure: INFINITY IOT shall not be liable for any damages or penalty for delay in delivery or for any other failure to perform in accordance with the terms and conditions hereof if such delay or failure to perform is due in whole or in part to factors beyond INFINITY IOT's reasonable control, including, but not limited to, delay in transportation or delay in delivery by INFINITY IOT's vendors.
16. Sever-ability: Any waiver of or modification to the terms of this Agreement will not be effective unless executed in writing and signed by INFINITY IOT. If any provision of these terms and conditions are held to be unenforceable, in whole or in part, such holding shall not affect the validity of the other provisions of this document (in the event of any inconsistency between these terms and conditions and any other related agreements between Customer and INFINITY IOT, the terms of this document shall prevail unless any other agreement(s) are signed by both parties and state its/their terms and conditions control).
17.Liability: The subscriber will have no claim against INFINITY IOT of whatsoever nature and howsoever arising from the application of or connected to the products and or services.
18. Entire Agreement: The terms and conditions set forth herein constitute the entire agreement between INFINITY IOT and Customer. INFINITY IOT's offer to sell is expressly limited to the terms stated herein. INFINITY IOT shall not be bound by any terms of Customer's order which add to, modify, or are in any way different from the terms set forth in this document.
19. Exception Clause: INFINITY IOT hold no responsibility for the illegal use of the products. INFINITY IOT hold no responsibility for any loss of income or any special, incidental, consequential or indirect damages howsoever caused.
1. Terms of Sale: payment terms are net 30 days from invoice date with approved credit. (To apply for credit, please request our credit application form. Please allow five (5) business days for the credit review to be conducted.) If credit has not been established with INFINITY IOT, terms shall be designated as payment in advance. INFINITY IOT reserves the right at any time and for any reason to require payment in advance, or otherwise to modify, suspend, or terminate any credit terms previously extended to Customer. INFINITY IOT shall be entitled to refuse or delay shipments for failure by Customer to pay within terms any payments due INFINITY IOT, whether on this or any other contract between INFINITY IOT and Customer.
In the event that it becomes necessary for INFINITY IOT to incur collection costs to collect any amount due and payable, Customer agrees to pay such additional collection costs, charges, and expenses, including attorney's fees if the account is placed in the hands of an attorney or an agency for collection. Prices are subject to change without notice. Payments should be made according to the instructions on the face of the invoice, based on one of the forms of payment described in section 4 of this document.
2. Order Placement: INFINITY IOT will accept orders via Email.
3. Payment for Monitoring Services: Payment for monitoring services shall proceed monthly or annually if agreed upon, with the first services billed upon initiation of the premium service on the INFINITY IOT system. Acceptable forms of payment via EFT only.
5. Payment for Cellular Data Service Plan: Cellular data fees are based upon monthly or annual billing cycle. If data usage exceeds the (pre-paid) 50 megabyte allowance, automatic billing will occur for the next megabyte at that point (and so-on). Data usage resets at the beginning of the customers billing cycle each year. Customer is obligated to stay current with all cellular service plan fees. Failure to do so may result in suspension or termination of service, in which case, early termination fees or a re-connection fee may apply.
6. International Customers: INFINITY IOT is not responsible for any brokerage, customs fees, or country taxes. The actual value of all orders is indicated on the invoice, and restatements using lower values are not permitted.
7. Title and Risk of Loss: title to products and risk of loss passes from INFINITY IOT to Customer upon shipment from INFINITY IOT's facilities and delivery of product to a common carrier. Title to software will remain with the applicable licensor(s).
8. Claims for Missing or Damaged Goods: any claims by Customer for omission of products in the shipped goods, shortages of product, or damaged goods in a shipment are waived by Customer unless Customer provides notice to INFINITY IOT within 3 days after Customer's receipt of shipment.
9. Acceptance & Returns: Deliveries are deemed to have been accepted by the buyer upon receipt of delivery. All delivery discrepancies must be reported to INFINITY IOT within three (3) business days of receipt of shipment. Returns are subject to a 25% restocking fee of the invoiced amount (excluding taxes, duties and shipping). To qualify for a refund, credit (excluding delivery fees, duties and taxes) or swap out customer must request an RMA (Return Merchandise Authorization) form through the Infinity web application under support within 7 days. Requests for an RMA after 7 days will be evaluated on a case-by-case basis and subject to management approval. Requests for any warranty work or product exchanges require an RMA. All product returns must comply with INFINITY IOT’s RMA policies. Custom products, customized products, modifications to standard products, and products altered by the customer are not eligible for return. All returns must be shipped (at buyer’s expense) to INFINITY IOT’s address as provided in the RMA policies provided by INFINITY IOT. There is no refund on delivery and handling charges.
10. Return Merchandise Authorization (RMA) Policy: Product must be in its original packaging. Product must be returned via a courier that provides buyer with a shipment tracking number (i.e. FedEx, UPS, DHL). A valid RMA number must accompany the return and be visible on the outside of the returned package. Returns without an RMA number will be rejected and returned at buyer’s expense. Product being returned within the initial 7 day period for refund or credit must be complete. Failure to return all product will result in a partial refund or credit.
11. Limited Warranty: (a) INFINITY IOT warrants that INFINITY IOT-branded products will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery with respect to hardware and will materially conform to their published specifications for a period of one (1) year with respect to software. INFINITY IOT may resell sensors manufactured by other entities and are subject to their individual warranties; INFINITY IOT will not enhance or extend those warranties. INFINITY IOT does not warrant that the software or any portion thereof is error free. INFINITY IOT will have no warranty obligation with respect to Products subjected to abuse, misuse, negligence or accident. If any software or firmware incorporated in any Product fails to conform to the warranty set forth in this Section, INFINITY IOT shall provide a bug fix or software patch correcting such non-conformance within a reasonable period after INFINITY IOT receives from Customer (i) notice of such non-conformance, and (ii) sufficient information regarding such non-conformance so as to permit INFINITY IOT to create such bug fix or software patch. If any hardware component of any Product fails to conform to the warranty in this Section, INFINITY IOT shall, at its option, refund the purchase price less any discounts, or repair or replace nonconforming Products with conforming Products or Products having substantially identical form, fit, and function and deliver the repaired or replacement Product to a carrier for land shipment to customer within a reasonable period after INFINITY IOT receives from Customer (i) notice of such non-conformance, and (ii) the non-conforming Product provided; however, if, in its opinion, INFINITY IOT cannot repair or replace on commercially reasonable terms it may choose to refund the purchase price. Repair parts and replacement products may be reconditioned or new. All replacement products and parts become the property of INFINITY IOT. Repaired or replacement products shall be subject to the warranty, if any remains, originally applicable to the product repaired or replaced. Customer must obtain from INFINITY IOT a Return Material Authorization Number (RMA) prior to returning any Products to INFINITY IOT. Products returned under this Warranty must be unmodified.
Customer may return all Products for repair or replacement due to defects in original materials and workmanship if INFINITY IOT is notified within thirty (30) days of customer's receipt of the product. INFINITY IOT reserves the right to repair or replace products at its own and complete discretion. Customer must obtain from INFINITY IOT a Return Material Authorization Number (RMA) prior to returning any products to INFINITY IOT. Products returned under this Warranty must be unmodified and in original packaging. INFINITY IOT reserves the right to refuse warranty repairs or replacements for any products that are damaged or not in original form. For products outside the 1 year warranty period repair services are available at INFINITY IOT at standard labour rates for a period of one year from the Customer's original date of receipt.
(b) As a condition to INFINITY IOT's obligations under the immediately preceding paragraphs, Customer shall return Products to be examined and replaced to INFINITY IOT's facilities, in shipping cartons which clearly display a valid RMA number provided by INFINITY IOT. Customer acknowledges that replacement products may be repaired, refurbished or tested and found to be complying. Customer shall bear the risk of loss for such return shipment and shall bear all shipping costs. INFINITY IOT shall deliver replacements for Products determined by INFINITY IOT to be properly returned, shall bear the risk of loss and such costs of shipment of repaired products or replacements, and shall credit Customer's reasonable costs of shipping such returned Products against future purchases.
(c) INFINITY IOT's sole obligation under the warranty described or set forth here shall be to repair or replace nonconforming products as set forth in the immediately preceding paragraph, or to refund the documented purchase price for non-conforming Products to Customer. INFINITY IOT's warranty obligations shall run solely to Customer, and INFINITY IOT shall have no obligation to customers of Customer or other users of the Products.
12. Limitation of Warranty and Remedies. THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY APPLICABLE TO PRODUCTS PURCHASED BY CUSTOMER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. INFINITY IOT'S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT. UNDER NO CIRCUMSTANCES SHALL INFINITY IOT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN LIMITING INFINITY IOT'S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. IN ADDITION TO THE WARRANTIES DISCLAIMED ABOVE, INFINITY IOT SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESSED, FOR USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A PRODUCT COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE SUCH AS, BUT NOT LIMITED TO, LIFE SUPPORT OR MEDICAL DEVICES OR NUCLEAR APPLICATIONS. PRODUCTS ARE NOT DESIGNED FOR AND SHOULD NOT BE USED IN ANY OF THESE APPLICATIONS.
13. Indemnification: INFINITY IOT shall defend or settle any claim, suit, or action against Customer based on an allegation that any Product purchased by Customer from INFINITY IOT infringes any third party's patent or copyright; provided, that Customer has made no modification or alterations to the product and that Customer gives INFINITY IOT prompt written notice of any claim or suit, sole authority to defend or settle as it sees fit, and full cooperation. INFINITY IOT may, at its sole option and expense (i) procure for Customer the right to continue using the product (ii) modify the product so that it is non-infringing (iii) procure a replacement product that has substantially the same functionality, or if none of the above options is reasonably available (iv) refund to customer the purchase price originally paid less a use credit for the period of use.
INFINITY IOT has no liability for any claim, suit or action based in whole or in part upon or arising out of compliance with Customer's designs, specifications or instructions, modification of the Hardware or Software, or the combination of the Hardware or Software with products or items not furnished by INFINITY IOT. THIS SECTION STATES INFINITY IOT'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM, SUIT, OR ACTION ALLEGING INFRINGEMENT OF ANY THIRD PARTY PATENT OR COPYRIGHT.
14. Software: all software is owned by INFINITY IOT or a third party licencor who shall retain exclusive right, title and ownership of the software. Customer is granted a limited, personal, non-exclusive license, without the right to sub-license, to use the software only with the specific INFINITY IOT manufactured hardware that such software is intended to operate with or, if not for use with specific INFINITY IOT manufactured hardware, then for the use intended by the Product specification.
15. Force Majeure: INFINITY IOT shall not be liable for any damages or penalty for delay in delivery or for any other failure to perform in accordance with the terms and conditions hereof if such delay or failure to perform is due in whole or in part to factors beyond INFINITY IOT's reasonable control, including, but not limited to, delay in transportation or delay in delivery by INFINITY IOT's vendors.
16. Sever-ability: Any waiver of or modification to the terms of this Agreement will not be effective unless executed in writing and signed by INFINITY IOT. If any provision of these terms and conditions are held to be unenforceable, in whole or in part, such holding shall not affect the validity of the other provisions of this document (in the event of any inconsistency between these terms and conditions and any other related agreements between Customer and INFINITY IOT, the terms of this document shall prevail unless any other agreement(s) are signed by both parties and state its/their terms and conditions control).
17.Liability: The subscriber will have no claim against INFINITY IOT of whatsoever nature and howsoever arising from the application of or connected to the products and or services.
18. Entire Agreement: The terms and conditions set forth herein constitute the entire agreement between INFINITY IOT and Customer. INFINITY IOT's offer to sell is expressly limited to the terms stated herein. INFINITY IOT shall not be bound by any terms of Customer's order which add to, modify, or are in any way different from the terms set forth in this document.
19. Exception Clause: INFINITY IOT hold no responsibility for the illegal use of the products. INFINITY IOT hold no responsibility for any loss of income or any special, incidental, consequential or indirect damages howsoever caused.
