unless otherwise stated specifically in a purchase order, this agreement shall apply to any and all transactions between buyer and company. buyer shall be responsible for all shipping and handling charges specified in the purchase order or otherwise paid for by company. subject to section 6 above, any termination of the agreement shall not terminate any purchase orders then in process and the terms of this agreement shall continue in affect for any pending purchase orders.
the company’s cumulative liability for all claims relating in any manner to the products or otherwise under this agreement, regardless of the type or nature of the action, shall be limited to buyer’s direct actual damages not exceeding the amount actually paid to the company by buyer for the products which are the subject of the applicable claim. buyer may not and shall not name the company as shipper or exporter of record in connection with the export or re-export of any products purchased from the company. no modification of this agreement or any of its provisions by buyer is valid unless expressly agreed to in a writing signed by the company. each of the rights and remedies of the company under this agreement is cumulative and in addition to any other or further remedies provided under this agreement or at law or equity.
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