n4 § 28.5 of the contract reads in its entirety:
Liability. In the event of a breach of any warranty, express, implied
or statutory, or in the event the equipment is found to be defective in workmanship or
material or fails to conform to the specifications thereof, [Selas'] liability shall be
limited to the repair or replacement of such equipment as is found to be defective or
non-conforming, provided that written notice of any such defect or non-conformity must be
given to Selas within 1 year from the date of acceptance, or 15 months from completion of
shipment, whichever first occurs. In the event that acceptance is delayed through the
fault of Selas, then the Selas 1 year warranty shall be applicable and not begin until the
date of acceptance. Selas assumes no liability for no consequential or incidental damages
of any kind (including fire or explosion in the starting, testing, or subsequent operation
of the equipment), and the Purchaser assumes all liability for the consequences of its use
or misuse by the Purchaser or his employees. In no event will Selas be liable for damages
resulting from the non-operation of Purchaser's plant, loss of product, raw materials or
production as a result of the use, misuse or inability to use the equipment covered by
this proposal or from injury to any person or property alleged to be caused by or
resulting from the use of the product produced with the equipment to be supplied to
Purchaser by Selas pursuant to this proposal whether the customer or Purchaser is mediate
or immediate. Purchaser hereby releases [Selas] of and from and indemnifies [it] against,
all liability not specifically assumed by [it] hereunder.