Triton FT5000XP PC-BASED ATMS User Manual - Manual (Page 8)

viii
M
ODEL
RL/FT5000 XP U
SER
M
ANUAL
D
EFENSE OF
I
NFRINGEMENT
C
LAIMS
If notified promptly in writing of any action (and all prior claims relating to such
action) brought against the Distributor based on a claim that Distributor’s use of
the goods infringes a patent or other intellectual property right, and if given
access by Distributor to any information distributor has regarding such alleged
infringement, Manufacturer agrees to defend Distributor in such action at its
expense and will pay any costs or damages finally awarded against Distributor
Distributor’s sole and exclusive remedy in the event of defect is expressly
limited to the replacement or correction of such defective parts by manufac-
turer at its election and sole expense, except there shall be no obligation to
replace or repair items which, by their nature, are expendable. If Manufacturer
is unable to replace or repair the defective parts, Manufacturer shall refund to
Distributor that portion of the purchase price allocable pays to such goods.
No representation or other affirmation of fact not set forth herein, including but
not limited to statements regarding capacity, suitability for use, or performance
of the goods, shall be or be deemed to be a warranty or representation by
Manufacturer for any purpose, nor give rise to any liability or obligation of
Manufacturer whatever.
Except as specifically provided in this document, there are no other warranties
expressed or implied including, but not limited to, any implied warranties or
merchantability or fitness for a particular purchase.
L
IMITATION OF
L
IABILITY
In no event shall manufacturer be liable for loss of profits or incidental, indi-
rect, special, consequential or other similar damages arising out of any breach
of this contract or obligations under this contract.
W
ARRANTY
S
TATEMENT
Manufacturer warrants that the products delivered to a distributor will perform
in accordance with the Manufacturer’s published specifications for thirteen
months from date of shipment in Long Beach, MS.
Manufacturer’s warranty shall not apply to any damage resulting from abuse,
negligence, accident, or to any loss or damage to the products while in transit.
Written notice and explanation of circumstances surrounding any claims that
the goods have proved defective in material or workmanship shall be given
promptly from the distributor to the manufacturer. No claim may be made, or
action brought, by or through a distributor after the expiration of 14 months
following any alleged breach of warranty.