Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RITCHIE BROS. (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, SAVINGS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF RITCHIE BROS., OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF FOR ANY REASON RITCHIE BROS. IS UNABLE TO CLEAR THE TITLE TO EQUIPMENT IN A PurchaseSafe™ TRANSACTION, RITCHIE BROS.’ SOLE LIABILITY, IF ANY, SHALL BE THE RETURN TO THE BUYER OF ANY FUNDS PAID BY THE BUYER TO RITCHIE BROS. WITH RESPECT TO THE EQUIPMENT, INCLUDING THE TRANSACTION FEE AND OTHER POST-SALE ADD-ON FEES.
REGARDLESS OF THE PREVIOUS PARAGRAPHS UNDER THIS LIMITATION OF LIABILITY SECTION, IF WE (OR OUR RELATED PARTIES AND THEIR REPRESENTATIVES MENTIONED ABOVE) ARE FOUND TO BE LIABLE, THEN OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES ARISING OUT OF ANY CAUSE OF ACTION RELATED TO THESE PurchaseSafe™ TERMS (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), THE PURCHASE/SALE OR USE OF EQUIPMENT, OR YOUR USE OF THE PurchaseSafe™ SERVICES WILL NOT EXCEED THE TRANSACTION FEE PAYABLE TO RITCHIE BROS. FROM THE LISTING(S) RELATED TO SUCH CLAIM.