Limited warranty and limitation of liability – Horner APG XL4 OCS HE-ETN300 User Manual

Page 3

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WARRANTY AND LIABILITY

SUP0740-07

11/30/2009

Page 3 of 98

# 958

LIMITED WARRANTY AND LIMITATION OF LIABILITY


Horner APG, LLC ("HE-APG") warrants to the original purchaser that the ETN200 / 300
manufactured by HE-APG is free from defects in material and workmanship under normal use
and service. The obligation of HE-APG under this warranty shall be limited to the repair or
exchange of any part or parts which may prove defective under normal use and service within two
(2) years from the date of manufacture or eighteen (18) months from the date of installation by
the original purchaser whichever occurs first, such defect to be disclosed to the satisfaction of
HE-APG after examination by HE-APG of the allegedly defective part or parts. THIS WARRANTY
IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED
INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE AND OF
ALL OTHER OBLIGATIONS OR LIABILITIES AND HE-APG NEITHER ASSUMES, NOR
AUTHORIZES ANY OTHER PERSON TO ASSUME FOR HE-APG, ANY OTHER LIABILITY IN
CONNECTION WITH THE SALE OF THIS ETN200 / 300. THIS WARRANTY SHALL NOT
APPLY TO THIS ETN200 / 300 Module OR ANY PART THEREOF THAT HAS BEEN SUBJECT
TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. HE-APG MAKES NO
WARRANTY WHATSOEVER IN RESPECT TO ACCESSORIES OR PARTS NOT SUPPLIED BY
HE-APG. THE TERM "ORIGINAL PURCHASER", AS USED IN THIS WARRANTY, SHALL BE
DEEMED TO MEAN THAT PERSON FOR WHOM THE ETN200 / 300 IS ORIGINALLY
INSTALLED. THIS WARRANTY SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE
CONTINENTAL UNITED STATES.

In no event, whether as a result of breach of contract, warranty, tort (including negligence) or
otherwise, shall HE-APG or its suppliers be liable of any special, consequential, incidental or
penal damages including, but not limited to, loss of profit or revenues, loss of use of the products
or any associated equipment, damage to associated equipment, cost of capital, cost of substitute
products, facilities, services or replacement power, down time costs, or claims of original
purchaser's customers for such damages.

To obtain warranty service, return the product to your distributor with a description of the
problem, proof of purchase, post paid, insured and in a suitable package.

ABOUT PROGRAMMING EXAMPLES

Any example programs and program segments in this manual or provided on accompanying
media are included solely for illustrative purposes. Due to the many variables and requirements
associated with any particular installation, Horner APG cannot assume responsibility or liability for
actual use based on the examples and diagrams. It is the sole responsibility of the system
designer utilizing the ETN200 / 300 to appropriately design the end system, to appropriately
integrate the ETN200 / 300 and to make safety provisions for the end equipment as is usual and
customary in industrial applications as defined in any codes or standards which apply.

Note: The programming examples shown in this manual are for illustrative purposes

only. Proper machine operation is the sole responsibility of the system integrator.

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