Elo TouchSystems 1000 - Manual (Page 36)

THESE REMEDIES SHALL BE THE BUYER¡¦S EXCLUSIVE REMEDIES FOR BREACH OF
WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SELLER GRANTS
NO OTHER WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, REGARD-
ING THE PRODUCTS, THEIR FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR
MERCHANTABILITY, THEIR NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF
SELLER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WARRANTY FOR THE
GOODS OTHER THAN THE WARRANTY SET FORTH HEREIN. SELLER’S LIABILITY UNDER
THE WARRANTY SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE
PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR THE COST OF PROCUREMENT
OR INSTALLATION OF SUBSTITUTE GOODS BY BUYER OR FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES.
Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless from all
liability relating to (i) assessing the suitability for Buyer’s intended use of the Products and of any
system design or drawing and (ii) determining the compliance of Buyer’s use of the Products with
applicable laws, regulations, codes, and standards. Buyer retains and accepts full responsibility for
all warranty and other claims relating to or arising from Buyer’s products, which include or incorpo-
rate Products or components manufactured or supplied by Seller. Buyer is solely responsible for
any and all representations and warranties regarding the Products made or authorized by Buyer. Buyer
will indemnify Seller and hold Seller harmless from any liability, claims, loss, cost, or expenses
(including reasonable attorney’s fees) attributable to Buyer’s products or representations or warran-
ties concerning same.
38 User Guide