Impulse MAQ20-940 User Manual User Manual

Page 70

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70

(4) DATAFORTH’S LIABILITY ARISING OUT OF
THE PRODUCTION, SALE OR SUPPLY OF
PRODUCTS OR THEIR USE OR DISPOSITION,
WHETHER

BASED

UPON

WARRANTY,

CONTRACT, TORT OR OTHERWISE, SHALL NOT
EXCEED THE GREATER OF EITHER US$1000.00
(ONE THOUSAND DOLLARS U.S.A. CURRENCY)
OR THE ACTUAL PURCHASE PRICE PAID BY
BUYER

FOR

DATAFORTH'S

PRODUCTS.

DATAFORTH'S LIABILITY FOR ANY CLAIM OF ANY
KIND SHALL IN NO CASE EXCEED THE
OBLIGATION OR LIABILITY SPECIFIED IN THIS
WARRANTY.

d. Technical Assistance. Dataforth 's Warranty as
hereinabove set forth shall not be enlarged,
diminished or affected by, and no obligation or liability
shall arise or grow out of, Dataforth's rendering of
technical advice, facilities or service in connection
with buyer's order of the products furnished
hereunder.

e. Warranty

Procedures. Buyer shall notify

Dataforth of any products which it believes to be
defective during the applicable warranty period and
which are covered by the Warranty set forth above.
Buyer shall not return any products for any reason
without the prior authorization of Dataforth and
issuance of a Return Material Authorization ("RMA")
number. After issuance of a RMA number, such
products shall be promptly returned by buyer (and in
no event later than thirty (30) days after the Warranty
expiration

date),

transportation

and

insurance

prepaid, to Dataforth's designated facility for
examination and testing. Dataforth shall either repair
or replace any such products found to be so defective
and promptly return such products to buyer,
transportation

and

insurance

prepaid.

Should

Dataforth's examination and testing not disclose any
defect covered by the foregoing Warranty, Dataforth

shall so advise buyer and dispose of or return the
products in accordance with buyer's instructions and
at buyer's sole expense, and buyer shall reimburse
Dataforth for testing expenses incurred at Dataforth's
then current repair rates.

f.

Repair Warranty. Dataforth warrants its

repair work and/or replacement parts for a period of
ninety (90) days from receipt by buyer of the repaired
or replaced products or for the remainder of the
warranty period for the initial delivery of such order as
set forth in paragraph a above, whichever is greater.

g. Critical Applications. Certain applications using
Dataforth's products may involve potential risks of
death, personal injury, or severe property or
environmental

damage

("Critical

Applications").

DATAFORTH'S PRODUCTS ARE NOT DESIGNED,
INTENDED, AUTHORIZED, OR WARRANTED TO
BE SUITABLE FOR USE IN LIFE-SUPPORT
DEVICES OR SYSTEMS, SAFETY EQUIPMENT,
NUCLEAR FACILITY APPLICATIONS OR OTHER
CRITICAL APPLICATIONS WHERE MALFUNCTION
OF THE PRODUCT CAN BE EXPECTED TO
RESULT IN PERSONAL INJURY, DEATH OR
SEVERE PROPERTY DAMAGE. BUYER USES OR
SELLS SUCH PRODUCTS FOR USE IN SUCH
CRITICAL APPLICATIONS AT BUYER'S OWN RISK
AND AGREES TO DEFEND, INDEMNIFY AND
HOLD HARMLESS DATAFORTH FROM ANY AND
ALL DAMAGES, CLAIMS, PROCEEDINGS, SUITS
OR EXPENSE RESULTING FROM SUCH USE.

h. Static Sensitive. Dataforth ships all product in
anti-static

packages.

Dataforth's

Warranty

as

hereinabove set forth shall not cover warranty repair,
replacement, or refund on product or devices
damaged by static due to buyer's failure to properly
ground.

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