Extract to table

Buyer's sole and exclusive remedy for any non-conformance, defect, or quality failure in any Product delivered under this Agreement shall be, at Buyer's election: (i) replacement of the non-conforming Product at Seller's expense pursuant to Section 8

4, if WAL rejects a lot for non-conformance with the applicable product specifications set forth in Appendix C to the MSA, WAL must provide Kestrel with a written notice of rejection that identifies the specific non-conformance and the supporting test data

1 of the MSA provides: "This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict-of-laws principles

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this Agreement

2d 395, 403 (1993) (lost profits must be established with reasonable certainty; speculative or contingent profits are not recoverable)

7 of the MSA, the consequential damages waiver is set forth in a separate paragraph from the exclusive remedy provision and uses standalone language ("Neither party shall be liable