Triton FT5000XP Prism NDC Emulation w/XFS Compliance User Manual User Manual

Page 122

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DISTRIBUTOR’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT

OF DEFECT IS EXPRESSLY LIMITED TO THE REPLACEMENT OR

CORRECTION OF SUCH DEFECTIVE PARTS BY MANUFACTURER

AT ITS ELECTION AND SOLE EXPENSE, EXCEPT THERE SHALL

BE NO OBLIGATION TO REPLACE OR REPAIR ITEMS WHICH,

BY THEIR NATURE, ARE EXPENDABLE. If Manufacturer is unable to

replace or repair the defective parts, Manufacturer shall refund to Distributor
that portion of the purchase price allocable pays to such goods.
No representation or other affirmation of fact not set forth herein, including

but not limited to statements regarding capacity, suitability for use, or perfor-

mance of the goods, shall be or be deemed to be a warranty or representation

by Manufacturer for any purpose, nor give rise to any liability or obligation
of Manufacturer whatever.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS DOCUMENT,

THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED

INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRAN-

TIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURCHASE.

LIMITATION OF LIABILITY
IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR LOSS OF

PROFITS OR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUEN-

TIAL OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY

BREACH OF THIS CONTRACT OR OBLIGATIONS UNDER THIS

CONTRACT.

W

ArrAnty

S

tAtement

Manufacturer warrants that the Products delivered to Distributor will perform

in accordance with the Manufacturer’s published specifications, and as outlined

in the Manufacturer’s booklet entitled “Thirteen Months Parts Only Limited

Warranty” for thirteen months from date of shipment in Long Beach, MS.

Distributor acknowledges that it has received a copy of such booklet, that it

has read its entirety and that it understands and agrees with its contents.
Manufacturer’s warranty shall not apply to any damage resulting from abuse,
negligence, accident, or to any loss or damage to the products while in transit.
Written notice and explanation of circumstances surrounding any claims that

the goods have proved defective in material or workmanship shall be given

promptly from the distributor to the manufacturer. No claim may be made, or

action brought, by or through a distributor after the expiration of 14 months

following any alleged breach of warranty.

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