Armasight IAIR002LP000001 DRAKOS 2 Multi-Spectral Laser Aiming/ Illumination Devices - Manual (Page 10)

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chandise that has been discontinued by the manufacturer and either parts
or replacement units are not available due to reasons beyond the control of
Armasight. Armasight shall not be responsible for any defects or damage
that in Armasight’s view are a result from the mishandling, abuse, misuse,
improper storage or improper operation of the device, including use in
conjunction with equipment that is electrically or mechanically incompat-
ible with, or of inferior quality to, the product, as well as failure to maintain
the environmental conditions specified by the manufacturer. CUSTOMER IS
HEREBY NOTIFIED THAT OPERATION OF THE EQUIPMENT DURING DAYLIGHT
HOURS OR UNDER ANY EXCESSIVE LIGHT CONDITIONS MAY PERMANENTLY
DAMAGE THE INTERNAL COMPONENTS OF THE UNIT AND SAID DAMAGE
WILL NOT BE COVERED UNDER THIS WARRANTY. This warranty is extended
only to the original purchaser. Any breach of this warranty shall be enforced
unless the Customer notifies Armasight at the address noted below within
the applicable warranty period.
The Customer understands and agrees that except for the foregoing war-
ranty, no other warranties written or oral, statutory, expressed or implied,
including any implied warranty of merchantability or fitness for a particular
purpose, shall apply to the product. All such implied warranties are hereby
and expressly disclaimed.
1.2.2 LIMITATION OF LIABILITY
Armasight will not be liable for any claims, actions, suits, proceedings, costs,
expenses, damages or liabilities arising out of the use of this product. Op-
eration and use of the product are the sole responsibility of the Customer.
Armasight’s sole undertaking is limited to providing the products and ser-
vices outlined herein in accordance with the terms and conditions of this
Agreement. The provision of products sold and services performed by Ar-
masight to the Customer shall not be interpreted, construed, or regarded,
either expressly or implied, as being for the benefit of or creating any obliga-
tion toward any third party of legal entity outside Armasight and the Cus-
tomer; Armasight’s obligations under this Agreement extend solely to the
Customer. Armasight’s liability hereunder for damages, regardless of the
form or action, shall not exceed the fees or other charges paid to Armasight
by the Customer or Customer’s dealer. Armasight shall not, in any event, be
liable for special, indirect, incidental, or consequential damages, including,
but not limited to, lost income, lost revenue, or lost profit, whether such
damages were foreseeable or not at the time of purchase, and whether or
not such damages arise out of a breach of warranty, a breach of agreement,
negligence, strict liability or any other theory of liability.