Triton FT7000XP User Manual - Manual (Page 202)

B-2
M
ODEL
FT7000 XP U
SER
M
ANUAL
D
EFENSE OF
I
NFRINGEMENT
C
LAIMS
If notified promptly in writing of any action (and all prior claims relating to such action) brought against the
Distributor based on a claim that Distributor’s use of the goods infringes a patent or other intellectual
property right, and if given access by Distributor to any information distributor has regarding such alleged
infringement, Manufacturer agrees to defend Distributor in such action at its expense and will pay any
costs or damages finally awarded against Distributor in any such action, provided the Manufacturer shall
have had sole control of the defense of any such action and all negotiations for its settlement or compro-
mise.
DISTRIBUTOR’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF DEFECT IS EXPRESSLY
LIMITED TO THE REPLACEMENT OR CORRECTION OF SUCH DEFECTIVE PARTS BY MANUFAC-
TURER 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 performance 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 Manufac-
turer whatever.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS DOCUMENT, THERE ARE NO OTHER WARRAN-
TIES EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
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, CONSEQUENTIAL 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.