Triton RL5000 User Manual - Manual (Page 8)

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M
ODEL
RL5000 S
ERIES
U
SER
M
ANUAL
Defense of Infringement Claims
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 in any such action, pro-
vided the Manufacturer shall have had sole control of the defense of any such
action and all negotiations for its settlement or compromise.
Distributor’s sole and exclusive remedy in the event of defect is expressly limited
to the replacement or correction of such defective parts by manufacturer 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 mer-
chantability or fitness for a particular purchase.
Limitation of Liability
In no event shall manufacturer be liable for loss of profits or incidental, indirect,
special, consequential or other similiar damages arising out of any breach of this
contract or obligations under this contract.
Warranty Statement
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, neg-
ligence, 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.