Tyco Electronics ET 1900L User Manual

Page 33

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Elo TouchSystems 1900L User Guide 33

THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REM-

EDIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EX-

PRESS WARRANTY SET FORTH ABOVE, SELLER GRANTS NO

OTHER WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR

OTHERWISE, REGARDING THE PRODUCTS, THEIR FITNESS

FOR ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY,

THEIR NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF

SELLER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY

WARRANTY FOR THE GOODS OTHER THAN THE WARRANTY

SET FORTH HEREIN. SELLER’S LIABILITY UNDER THE WAR-

RANTY SHALL BE LIMITED TO A REFUND OF THE PURCHASE

PRICE OF THE PRODUCT. IN NO EVENT SHALL SELLER BE LI-

ABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF

SUBSTITUTE GOODS BY BUYER OR FOR ANY SPECIAL, CONSE-

QUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES.

Buyer assumes the risk and agrees to indemnify Seller against and

hold Seller harmless from all liability relating to (i) assessing the suit-

ability for Buyer’s intended use of the Products and of any system

design or drawing and (ii) determining the compliance of Buyer’s use

of the Products with applicable laws, regulations, codes, and stan-

dards. Buyer retains and accepts full responsibility for all warranty and

other claims relating to or arising from Buyer’s products, which include

or incorporate Products or components manufactured or supplied by

Seller. Buyer is solely responsible for any and all representations and

warranties regarding the Products made or authorized by Buyer. Buyer

will indemnify Seller and hold Seller harmless from any liability, claims,

loss, cost, or expenses (including reasonable attorney’s fees) attribut-

able to Buyer’s products or representations or warranties concerning

same.

to Buyer or credit to Buyer’s account the purchase price of the Product

less depreciation calculated on a straight-line basis over Seller’s

stated Warranty Period.

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