Archived 4/2/10 – ETS-Lindgren FP2083 Isotropic Electric Field Probes (Archived) User Manual
Page 28
Isotropic Electric Field Probes
HI-4453/FP5083/FP4083/FP2083
© ETS-LINDGREN L.P. – June 2005
Rev. F, P# H-600064
28
The preceding paragraphs set forth Buyer’s exclusive remedies
and Seller’s sole liability for claims based on failure of the
products to meet any warranty, whether the claim is in contract,
warranty, tort (including negligence and strict liability) or
otherwise, and however instituted, and, upon the expiration of
the applicable warranty period, all such liability shall terminate.
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR
ANY SPECIAL INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF, OR AS A
RESULT OF, THE SALE, DELIVERY, NON-DELIVERY,
SERVICING, ASSEMBLING, USE OR LOSS OF USE OF THE
PRODUCTS OR ANY PART THEREOF, OR FOR ANY
CHARGES OR EXPENSES OF ANY NATURE INCURRED
WITHOUT SELLER’S WRITTEN CONSENT DESPITE ANY
NEGLIGENCE ON BEHALF OF THE SELLER. IN NO EVENT
SHALL SELLER’S LIABILITIES UNDER ANY CLAIM MADE BY
BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCT
IN RESPECT OF WHICH DAMAGES ARE CLAIMED. This
agreement shall be construed in accordance with laws of the
State of Illinois. In the event that any provision hereof shall
violate any applicable statute, ordinance, or rule of law, such
provision shall be ineffective to the extent of such violation
without invalidating any other provision hereof.
Any controversy or claim arising out of or relating to the sale,
delivery, nondelivery, servicing, assembling, use or loss of use of
the products or any part thereof or for any charges or expenses
in connection therewith shall be settled in Austin, Texas by
arbitration in accordance with the Rules of the American
Arbitration Association, and judgment upon the award rendered
by the Arbitrator may be entered in either the Federal District
Court for the Western District of Texas or the State District Court
in Austin, Texas, all of the parties hereto consenting to personal
jurisdiction of the venue of such court and hereby waive the right
to demand a jury trial under any of these actions
Archived 4/2/10