Warranty is exclusive, and seller makes no other warranty, express or implied, including any implied warranty of fitness for any particular purpose.  Seller’s sole and exclusive liability and Buyer’s exclusive remedy with respect to products provided to Seller’s satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in Seller’s sole discretion.  Seller shall not in any event be liable for incidental, consequential or special damages of any kind resulting from any use or failure of the product, even if the seller has been advised of the possibility of such damage including, without limitation, liability for loss of use, loss of work in progress, down time, loss of revenue or profits, failure to realize savings, loss of products of buyer or other use or any liability of buyer to a third party on account of such loss, or for any labor or any other expense, damage or loss occasioned by such product including personal injury or property damage unless such personal injury or property damage is cause by seller’s gross negligence.