Tyco Electronics ET1215L User Manual

Page 36

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THESE REMEDIES SHALL BE THE BUYER¡¦S EXCLUSIVE REMEDIES FOR BREACH OF

WARRANTY. EXCEPT FOR THE EXPRESS 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 WAR-

RANTY FOR THE GOODS OTHER THAN THE WARRANTY SET FORTH HEREIN. SELLER’S

LIABILITY UNDER THE WARRANTY SHALL BE LIMITED TO A REFUND OF THE

PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR

THE COST OF PROCUREMENT OR INSTALLATION OF SUBSTITUTE GOODS BY BUYER

OR FOR ANY SPECIAL, CONSEQUENTIAL, 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 suitability 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 standards. Buyer retains and accepts full responsibility for

all warranty and other claims relating to or arising from Buyer’s products, which include or incorpo-

rate 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) attributable to Buyer’s products or representations or

warranties concerning same.

38 User Guide

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