SENA Promi-ESD02 - Manual (Page 8)

Promi-ESD User Manual – Before Using the Product 8
Copyright © 2006 Sena Technologies, Inc. All rights reserved.
Do not drop or subject the module to impact. Damage to your products
may result from improper use.
Keep away from harsh environments including humid, dusty, and smoky
areas. Damage to your ESD may result from improper use.
Do not place heavy objects on the product. Damage to your products
may result from improper use.
General Terms and Conditions of Sale
1. GENERAL. These general terms and conditions of sale (along with any associated written specification, quotation and/or supplemental terms and conditions
provided by Seller) exclusively will govern the sale or licensing by Seller of all goods and services (including without limitation, hardware, firmware and software
products, training, programming, maintenance, engineering, parts, repair and remanufacturing services – hereinafter, "Products") furnished to Buyer hereunder,
whether such sale or licensing is effected by paper-based transactions or via facsimile or other forms of electronic data interchange or electronic commerce, and
represents the entire agreement between Buyer and Seller with respect thereto. Buyer’s receipt or acceptance of delivery of any of the Products ordered or purchased
hereunder will constitute its acceptance of these terms and conditions. No addition or modification to these terms and conditions will be binding on Seller unless agreed
to in writing signed by an authorized representative at Seller’s headquarters. Seller objects to and rejects other terms and conditions that may be proposed by Buyer or
that appear on or are referenced in Buyer’s purchase order or requisition that are in addition to or otherwise not consistent with the terms and conditions set forth or
referenced herein. This product is produced by INITIUM Co., Ltd.
2. WARRANTY. (a) Hardware: Seller warrants that new hardware Products furnished here-under will be free from defects in material, workmanship and design for a
period of one (1) year from the date of invoice from Seller or its appointed distributor, as the case may be. Repaired or replacement Products provided as a result of
this warranty subparagraph are similarly warranted for a period of six (6) months from the date of shipment to Buyer or the remainder of the original warranty term for
that particular Product, whichever is longer. (b) Software and Firmware: Unless otherwise provided in a Seller or third party license, Seller warrants that standard
software or firmware Products furnished hereunder, when used with Seller-specified hardware, will perform in accordance with published specifications prepared,
approved, and issued by Seller for a period of one (1) year from the date of invoice from Seller or its appointed distributor, as the case may be. Seller makes no
representation or warranty, express or implied, that the operation of the software or firmware Products will be uninterrupted or error free, or that the functions contained
therein will meet or satisfy Buyer's intended use or requirements. (c) Non-Warranty Factory Remanufacture, Repair and Field Exchange: Seller warrants that non-
warranty factory remanufactured or field exchanged hardware Products or repaired hardware Product components will be free from defects in material and
workmanship for a period of one (1) year from the date of invoice from Seller or its appointed distributor, as the case may be. Repaired or replacement Products
provided as a result of this warranty subparagraph are warranted for a period of thirty (30) days from the date of shipment to Buyer or the remainder of the original
warranty term, whichever is longer. (d) Services: Seller warrants that Products comprised solely of services (e.g., training, on-site repair, engineering and custom
application programming services) will be performed by appropriately skilled personnel employed or retained by Seller. (e) “Open Box”Products: Seller warrants that
hardware Products sold as “Open Box”(e.g., customer and distributor returns, factory refurbished or reconditioned, etc.) will be free from defects in material and
workmanship for a period of ninety (90) days from the date of invoice from Seller or its appointed distributor, as the case may be. “Open Box” Products, while
serviceable, may not reflect the latest series or revision. Repaired or replacement Products provided as a result of this warranty subparagraph are similarly warranted
for a period of thirty (30) days from the date of shipment to Buyer or the remainder of the original ninety-day warranty term for that particular Product, whichever is
longer. (f) Buyer Specifications/Compatibility: Seller does not warrant and will not be liable for any design, materials, construction criteria or goods furnished or
specified by Buyer (including that sourced from other manufacturers or vendors specified by Buyer). Any warranty applicable to such Buyer-specified items will be
limited solely to the warranty, if any, extended by the original manufacturer or vendor directly or indirectly to Buyer. Seller does not warrant the compatibility of its
Products with the goods of other manufacturers or Buyer’s application except to the extent expressly represented in Seller’s published specifications or written
quotation. (g) Recyclable Materials: In keeping with environmental policies and practices, Seller reserves the right to utilize in its product manufacturing, repair and
remanufacturing processes certain recyclable materials (e.g., fasteners, plastics and the like) or remanufactured parts equivalent to new in performance or parts which
may have been subject to incidental use. However, such utilization will not affect any provided Product warranty or published reliability statistics. (h) Remedies:
Remedies under the above warranties will be limited, at Seller’s option, to the replacement, repair, re-performance or modification of, or issuance of a credit for the
purchase price, of the Products involved, and where applicable, only after the return of such Products pursuant to Seller's instructions. Replacement Products may be
new, remanufactured, refurbished or reconditioned at Seller’s discretion. Buyer requested on-site warranty service (consisting of time, travel and expenses related to
such services) will be at Buyer’s expense. The foregoing will be the exclusive remedies for any breach of warranty or breach of contract arising therefrom. (i) General:
Warranty satisfaction is available only if (a) Seller is provided prompt written notice of the warranty claim and (b) Seller’s examination discloses that any alleged defect
has not been caused by misuse; neglect; improper installation, operation, maintenance, repair, alteration or modification by other than Seller; accident; or unusual
deterioration or degradation of the Products or parts thereof due to physical environment or electrical or electro-magnetic noise environment. (j) THE ABOVE
WARRANTIES ARE IN LIEU OF ALL OTHER WARRAN-TIES AND CONDITIONS, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR PERFORMANCE OR APPLICATION WARRANTIES, TO THE FULLEST
EXTENT PERMITTED BY APPLI-CABLE LAW. Rights under the above warranties (subject to noted limitations) extend to Buyer’s customers if Buyer is a Seller-
appointed distributor for the Products.
3. DISCLAIMER AND LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER WILL NOT BE LIABLE FOR ANY
BUSINESS INTERRUPTION OR LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT, GOODWILL OR THE LIKE
(WHETHER DIRECT OR INDIRECT IN NATURE) OR FOR ANY OTHER FORM OF INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND.
SELLER'S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY,
WHETHER OR NOT INSURED, WILL NOT EXCEED THE COST OF THE PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY. SELLER DISCLAIMS ALL
LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED BY, BUT NOT REQUIRED OF SELLER HEREUNDER. ANY ACTION
AGAINST SELLER MUST BE BROUGHT WITHIN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. THESE DISCLAIMERS AND
LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION HEREOF AND REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF
SELLER’S VENDORS, APPOINTED DISTRIBUTORS AND OTHER AUTHORIZED RESELLERS AS THIRD-PARTY BENEFICIARIES. EACH PROVISION HEREOF
WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION OR EXCLU-SION OF DAMAGES IS SEVERABLE AND
INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED AS SUCH.
4. INTELLECTUAL PROPERTY INDEMNITY. Except as excluded herein, Seller will defend any suit or proceeding brought against Buyer arising out of a claim that the
design or construction of the Products sold or licensed hereunder by Seller infringes any patent, copyright or trademark granted or registered in the country of Seller’s
shipping destination, provided (a) Buyer promptly notifies Seller in writing of any such claim and any suit or proceeding, (b) at Seller’s expense, Buyer gives Seller the
sole right to defend, settle and control the defense of the suit or proceeding, (c) Buyer provides all necessary information and assistance for such defense or settlement,
and (d) Buyer takes no position adverse to Seller in connection with such claim. In the event Seller is obligated to defend such suit or proceeding, Seller will pay all
costs and damages finally awarded or agreed upon by Seller that are directly related thereto. Seller’s obligations under this paragraph will be fulfilled if Seller, at its
option and expense: (i) procures for Buyer the right to continue using such Products, (ii) replaces the same with non-infringing equipment/software having functionality
similar to that of the Products, (iii) modifies the Products to make them non-infringing while retaining similar functionality, or (iv) if (i)-(iii) are not commercially