Flender/Flender Gear Units/Bevel-helical gearboxes B4
thin twelve ( months after the invoice is rendered or any specific adjustment to the invoice is made. If an

invoice is not rendered within twelve ( months after th close of the month during which performance occurred, the right

to payment fo such performance is waived. Section 1.4 Netting of Payments . The Parties hereby agree that they shall

discharge debts and payment obligations due and owing to each other unde this Agreement on the same 3 LA\1.2 date

through netting, in which case all amounts owed by each Party to the other Party for the purchase and sale of Product during the monthly billing period under this Agreement, interest, and payments or credits, shall be netted so th at only the excess amount remaining due shall be paid by the Party who owes it. Section 1.5 Payment Obligations Absent Netting . If no mutual debts or payment obligations exist and only one Pa rty owes debt or obligation to the other during the monthly billing period, including interest and payments or credits, that Party shall pay such sum in full when due. ARTICLE XVI LIMITATIONS Section 1.1 Limitation of Remedies, Liability and Damages . EXCEPT AS SET FORTH HEREIN, THERE IS NO WARRANT OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DA MAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGORS LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGORS LIABILITY SHA LL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AN