Dataforth warranty, Applying to products sold by dataforth corporation – Impulse MAQ20-940 User Manual User Manual

Page 69

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ReDAQ

®

Shape Software for MAQ

®

20 User Manual

69

DATAFORTH WARRANTY

Applying to Products Sold by Dataforth Corporation

a. General

. Dataforth Corporation (“Dataforth”)

warrants that its products furnished under this
Agreement will, at the time of delivery, be free from
defects in material and workmanship and will conform
to

Dataforth's

applicable

specifications

or,

if

appropriate, to buyer's specifications accepted in
writing by Dataforth. DATAFORTH'S OBLIGATION
OR LIABILITY TO BUYER FOR PRODUCTS WHICH
DO NOT CONFORM TO THE ABOVE STATED
WARRANTY SHALL BE LIMITED TO DATAFORTH,
AT DATAFORTH'S SOLE DISCRETION, EITHER
REPAIRING, REPLACING, OR REFUNDING THE
PURCHASE

PRICE

OF

THE

DEFECTIVE

PRODUCT(S) PROVIDED THAT WRITTEN NOTICE
OF SAID DEFECT IS RECEIVED BY DATAFORTH
WITHIN THE TIME PERIODS SET FORTH BELOW:

i. for all software products including licensed

programs, thirty (30) days from date of initial delivery;

ii. for all hardware products including complete

systems, one (1) year from date of initial delivery;

iii. for all special products, sixty (60) days from

date of initial delivery; and

further, all products warranted hereunder for which
Dataforth

has

received

timely

notice

of

nonconformance must be returned FOB to Dataforth's
plant in Tucson, Arizona USA within thirty (30) days
after the expiration of the warranty periods set forth
above.

The foregoing warranties shall not apply to any
products which Dataforth determines have, by buyer
or otherwise, been subjected to operating and/or
environmental conditions in excess of the maximum
value

established

therefor

in

the

applicable

specifications, or any products that have been the
subject of mishandling, misuse, misapplication,
neglect, improper testing, repair, alteration or
damage. THE PROVISIONS OF THE FOREGOING
WARRANTIES EXTEND TO BUYER ONLY AND
NOT TO BUYER'S CUSTOMERS OR USERS OF
BUYER'S

PRODUCTS.

THE

DATAFORTH

STANDARD WARRANTY IS IN LIEU OF ALL
WARRANTIES

OF

MERCHANTABILITY

AND

FITNESS FOR A PARTICULAR PURPOSE OR USE
AND

ALL

OTHER WARRANTIES

WHETHER

EXPRESS, IMPLIED OR STATUTORY, EXCEPT AS
TO

TITLE.

THE

DATAFORTH

STANDARD

WARRANTY MAY BE CHANGED BY DATAFORTH
WITHOUT NOTICE.

b. Buyer Indemnity. Buyer agrees to indemnify and
hold Dataforth harmless from and against any and all
claims, damages and liabilities whatsoever asserted
by

any

person,

entity,

industry

organization,

government, or governmental agency of any country
resulting directly or indirectly (i) from any acts not
authorized by Dataforth in writing or any statements
regarding the products inconsistent with Dataforth's
product documentation or standard warranty, or (ii)
from any breach or threatened breach by buyer, or by
any of its employees or agents, of any term, condition
or provision of this Warranty or (iii) from any warranty,
representation, covenant or obligation given by buyer
to any third party and not expressly provided for in
this Warranty or (iv) for any non-compliance (in any
form) of the products with any necessary or
mandatory applicable laws, regulations, procedures,
government or industry policies or requirements
related to the use, sale or importation of the products.
Such indemnification shall include the payment of all
reasonable attorneys' fees and other costs incurred
by Dataforth in defending such claim.

c.

Limitation on Damages.

(1) IN NO EVENT SHALL DATAFORTH, ITS
SUPPLIERS, LICENSORS, SERVICE PROVIDERS,
EMPLOYEES,

AGENTS,

OFFICERS,

AND

DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL,
INCIDENTAL, COVER, ECONOMIC, PUNITIVE,
ACTUAL, EXEMPLARY, CONSEQUENTIAL OR
OTHER DAMAGES OF ANY NATURE INCLUDING,
WITHOUT

LIMITATION,

LOST

PROFITS

OR

REVENUES,

COSTS

OF

REPLACEMENT

PRODUCTS, LOSS OR DAMAGE TO DATA
ARISING OUT OF THE USE OR INABILITY TO USE
ANY DATAFORTH PRODUCT.

(2) IN NO EVENT SHALL DATAFORTH BE LIABLE
FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL
OR

CONSEQUENTIAL

DAMAGES

OF

ANY

NATURE

RESULTING

FROM

BUYER’S

NONCOMPLIANCE (IN ANY FORM) WITH ALL
NECESSARY

OR

MANDATORY

APPLICABLE

LAWS,

REGULATIONS,

PROCEDURES,

GOVERNMENT POLICIES OR REQUIREMENTS
RELATED TO THE USE, SALE OR IMPORTATION
OF PRODUCTS.

(3) IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF DATAFORTH AND ITS SUPPLIERS,
LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, AND DIRECTORS TO ANY
PARTY (REGARDLESS OF THE FORM OF ACTION,
WHETHER

BASED

UPON

WARRANTY,

CONTRACT, TORT, OR OTHERWISE) EXCEED
THE GREATER OF EITHER US$1000.00 (ONE
THOUSAND DOLLARS U.S.A. CURRENCY) OR
THE AMOUNT PAID TO DATAFORTH FOR THE
APPLICABLE PRODUCT OR SERVICE OUT OF
WHICH LIABILITY AROSE.

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