Warranties and disclaimers, Buyer's transfer obligations – KEYENCE DL-PN1 User Manual

Page 35

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WARRANTIES AND DISCLAIMERS

(1) KEYENCE warrants the Products to be free of defects in materials and workmanship for a period of one (1)

year from the date of shipment. If any models or samples were shown to Buyer, such models or samples

were used merely to illustrate the general type and quality of the Products and not to represent that the

Products would necessarily conform to said models or samples. Any Products found to be defective must

be shipped to KEYENCE with all shipping costs paid by Buyer or offered to KEYENCE for inspection and

examination. Upon examination by KEYENCE, KEYENCE, at its sole option, will refund the purchase price

of, or repair or replace at no charge any Products found to be defective. This warranty does not apply to any

defects resulting from any action of Buyer, including but not limited to improper installation, improper

interfacing, improper repair, unauthorized modification, misapplication and mishandling, such as exposure

to excessive current, heat, coldness, moisture, vibration or outdoors air. Components which wear are not

warranted.

(2) KEYENCE is pleased to offer suggestions on the use of its various Products. They are only suggestions,

and it is Buyer's responsibility to ascertain the fitness of the Products for Buyer’s intended use. KEYENCE

will not be responsible for any damages that may result from the use of the Products.

(3) The Products and any samples ("Products/Samples") supplied to Buyer are not to be used internally in

humans, for human transportation, as safety devices or fail-safe systems, unless their written specifications

state otherwise. Should any Products/Samples be used in such a manner or misused in any way,

KEYENCE assumes no responsibility, and additionally Buyer will indemnify KEYENCE and hold KEYENCE

harmless from any liability or damage whatsoever arising out of any misuse of the Products/Samples.

(4)

OTHER THAN AS STATED HEREIN, THE PRODUCTS/SAMPLES ARE PROVIDED WITH NO OTHER

WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,

INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY

DISCLAIMED. IN NO EVENT SHALL KEYENCE AND ITS AFFILIATED ENTITIES BE LIABLE TO ANY

PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR

CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING

FROM LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OR

INACCURACY OF DATA, LOSS OF PROFITS, LOSS OF SAVINGS, THE COST OF PROCUREMENT OF

SUBSTITUTED GOODS, SERVICES OR TECHNOLOGIES, OR FOR ANY MATTER ARISING OUT OF

OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF KEYENCE

OR ONE OF ITS AFFILIATED ENTITIES WAS ADVISED OF A POSSIBLE THIRD PARTY’S CLAIM FOR

DAMAGES OR ANY OTHER CLAIM AGAINST BUYER. In some jurisdictions, some of the foregoing

warranty disclaimers or damage limitations may not apply.

BUYER'S TRANSFER OBLIGATIONS:

If the Products/Samples purchased by Buyer are to be resold or delivered to a third party, Buyer must

provide such third party with a copy of this document, all specifications, manuals, catalogs, leaflets and

written information provided to Buyer pertaining to the Products/Samples.

E 1101-3

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