Limitation of damages – Nextteq Irritant Smoke Tube Kit for Respirator Fit Testing and Airflow Indication User Manual

Page 50

Advertising
background image

Nextteq Irritant Smoke Tube Kit Manual

The Gastec Irritant Smoke Tube (Part Number 9501) is manufactured by the Gastec Corporation.

Nextteq is Gastec’s exclusive U.S. master wholesale distributor.

Page 47

Tel: 813-249-5888 Toll free: 877-312-2333 Fax: 813-249-0188 Toll free: 877-312-2444 www.nextteq.

P/N 9505 Rev F 8/09

Warranty

FOR THE TEST SUBJECT. NEXTTEQ’S WARRANTY IS SET FORTH IN

NEXTTEQ’S TERMS AND CONDITIONS OF SALE MADE BY NEXTTEQ AND

ACCEPTED BY BUYER IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR

IMPLIED INCLUDING BUT NOT LIMITED TO ANY OTHER AFFIRMATION OF

FACT, RECOMMENDATION, OR PROMISE THAT RELATES TO THE GOODS,

THIS DOCUMENT, OR ANY IMPLIED WARRANTY OF FITNESS FOR A

PARTICULAR PURPOSE OR MERCHANTABILITY, WHICH ARE EXPRESSLY

DISCLAIMED. THIS PRODUCT OR COMPONENT IS ONLY FOR SALE, ONLY

FOR USE BY, AND ONLY FOR STORAGE BY A TRAINED, QUALIFIED,

TECHNICALLY COMPETENT, AND PROFESSIONAL, COMMERCIAL,

INDUSTRIAL, MILITARY, OR GOVERNMENT USER. THERE ARE NO

WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION SET FORTH IN

NEXTTEQ’S TERMS AND CONDITIONS OF SALE. NEXTTEQ SHALL NOT BE

LIABLE FOR DIRECT OR INDIRECT CONSEQUENTIAL, INCIDENTAL,

STATUTORY, PUNITIVE, OR OTHER DAMAGES OR LOSS RESULTING FROM

THE PROPER OR IMPROPER USE OF EITHER THE PRODUCT OR COMPONENT

SOLD BY NEXTTEQ OR ANY INFORMATION OR RECOMMENDATION

CONTAINED IN THIS DOCUMENT. THIS LIMITATION OF DAMAGES IS

INDEPENDENT OF ANY LIMITATION OF REMEDIES PROVISION AND WILL BE

ENFORCEABLE EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. IF THE

USER IS CONFUSED ABOUT THE PROPER USE OF THE NEXTTEQ IRRITANT

SMOKE TUBE KIT OR GASTEC IRRITANT SMOKE TUBES, ANY INSTRUCTIONS,

WARNINGS, LABELS, SPECIFICATIONS, TEST PROTOCOL, OR THE NEXTTEQ

IRRITANT SMOKE TUBE KIT MANUAL, THE USER SHOULD CALL NEXTTEQ

FOR ASSISTANCE PRIOR TO USING THE PRODUCT. NEXTTEQ CAN BE

CONTACTED AT ONE OF THE FOLLOWING TELEPHONE NUMBERS: TOLL

FREE 877-312-2333 OR LOCAL NUMBER 813-249-5888.

lIMItatIon of daMageS

THE PARTIES HERETO AGREE THAT BUYER’S SOLE AND EXCLUSIVE

DAMAGES FOR SELLER’S BREACH SHALL BE LIMITED TO THE PRICE OF

THE GOODS SOLD AND THAT ALL OTHER DAMAGES, INCLUDING BUT NOT

LIMITED TO, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND

Advertising