Impulse MAQ20-940 Configuration - Manual (Page 22)

MAQ
®
20 Configuration Software Tool User Manual
16
DATAFORTH WARRANTY
Applying to Products Sold by Dataforth Corporation
a. General. Dataforth Corporation (“Dataforth”)
warrants that its products furnished under this
Agreement will, at the time of delivery, be free from
defects in material and workmanship and will conform
to
Dataforth's applicable specifications or, if
appropriate, to buyer's specifications accepted in
writing by Dataforth. DATAFORTH'S OBLIGATION
OR LIABILITY TO BUYER FOR PRODUCTS WHICH
DO NOT CONFORM TO THE ABOVE STATED
WARRANTY SHALL BE LIMITED TO DATAFORTH,
AT DATAFORTH'S SOLE DISCRETION, EITHER
REPAIRING, REPLACING, OR REFUNDING THE
PURCHASE
PRICE OF THE DEFECTIVE
PRODUCT(S) PROVIDED THAT WRITTEN NOTICE
OF SAID DEFECT IS RECEIVED BY DATAFORTH
WITHIN THE TIME PERIODS SET FORTH BELOW:
i. for all software products including licensed
programs, thirty (30) days from date of initial delivery;
ii. for all hardware products including complete
systems, one (1) year from date of initial delivery;
iii. for all special products, sixty (60) days from
date of initial delivery; and
further, all products warranted hereunder for which
Dataforth
has received timely notice of
nonconformance must be returned FOB to Dataforth's
plant in Tucson, Arizona USA within thirty (30) days
after the expiration of the warranty periods set forth
above.
The foregoing warranties shall not apply to any
products which Dataforth determines have, by buyer
or otherwise, been subjected to operating and/or
environmental conditions in excess of the maximum
value
established therefor in the applicable
specifications, or any products that have been the
subject of mishandling, misuse, misapplication,
neglect, improper testing, repair, alteration or
damage. THE PROVISIONS OF THE FOREGOING
WARRANTIES EXTEND TO BUYER ONLY AND
NOT TO BUYER'S CUSTOMERS OR USERS OF
BUYER'S
PRODUCTS. THE DATAFORTH
STANDARD WARRANTY IS IN LIEU OF ALL
WARRANTIES
OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE OR USE
AND
ALL OTHER WARRANTIES WHETHER
EXPRESS, IMPLIED OR STATUTORY, EXCEPT AS
TO
TITLE. THE DATAFORTH STANDARD
WARRANTY MAY BE CHANGED BY DATAFORTH
WITHOUT NOTICE.
b. Buyer Indemnity. Buyer agrees to indemnify and
hold Dataforth harmless from and against any and all
claims, damages and liabilities whatsoever asserted
by
any person, entity, industry organization,
government, or governmental agency of any country
resulting directly or indirectly (i) from any acts not
authorized by Dataforth in writing or any statements
regarding the products inconsistent with Dataforth's
product documentation or standard warranty, or (ii)
from any breach or threatened breach by buyer, or by
any of its employees or agents, of any term, condition
or provision of this Warranty or (iii) from any warranty,
representation, covenant or obligation given by buyer
to any third party and not expressly provided for in
this Warranty or (iv) for any non-compliance (in any
form) of the products with any necessary or
mandatory applicable laws, regulations, procedures,
government or industry policies or requirements
related to the use, sale or importation of the products.
Such indemnification shall include the payment of all
reasonable attorneys' fees and other costs incurred
by Dataforth in defending such claim.
c.
Limitation on Damages.
(1) IN NO EVENT SHALL DATAFORTH, ITS
SUPPLIERS, LICENSORS, SERVICE PROVIDERS,
EMPLOYEES,
AGENTS, OFFICERS, AND
DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL,
INCIDENTAL, COVER, ECONOMIC, PUNITIVE,
ACTUAL, EXEMPLARY, CONSEQUENTIAL OR
OTHER DAMAGES OF ANY NATURE INCLUDING,
WITHOUT
LIMITATION, LOST PROFITS OR
REVENUES, COSTS OF REPLACEMENT
PRODUCTS, LOSS OR DAMAGE TO DATA
ARISING OUT OF THE USE OR INABILITY TO USE
ANY DATAFORTH PRODUCT.
(2) IN NO EVENT SHALL DATAFORTH BE LIABLE
FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL
OR
CONSEQUENTIAL DAMAGES OF ANY
NATURE RESULTING FROM BUYER’S
NONCOMPLIANCE (IN ANY FORM) WITH ALL
NECESSARY
OR MANDATORY APPLICABLE
LAWS, REGULATIONS, PROCEDURES,
GOVERNMENT POLICIES OR REQUIREMENTS
RELATED TO THE USE, SALE OR IMPORTATION
OF PRODUCTS.
(3) IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF DATAFORTH AND ITS SUPPLIERS,
LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, AND DIRECTORS TO ANY
PARTY (REGARDLESS OF THE FORM OF ACTION,
WHETHER
BASED UPON WARRANTY,
CONTRACT, TORT, OR OTHERWISE) EXCEED
THE GREATER OF EITHER US$1000.00 (ONE
THOUSAND DOLLARS U.S.A. CURRENCY) OR
THE AMOUNT PAID TO DATAFORTH FOR THE
APPLICABLE PRODUCT OR SERVICE OUT OF
WHICH LIABILITY AROSE.