ETS-Lindgren HI-4455 Isotropic Field Probe (Archived) - Manual (Page 26)

HI-4455 Isotropic Electric Field Probe
© ETS-LINDGREN L.P. – August 2005
Revision D- Part No. H-600076
26
incompatible products of Seller, (8) interference with the radio frequency fields due to
conditions or causes outside the product as furnished by Seller, (9) improper or
extraordinary use of the product, or failure to comply with any applicable instructions or
recommendations of Seller, or (10) acts of God, acts of civil or military authority, fires,
floods, strikes or other labor disturbances, war, riot, or any other causes beyond the
reasonable control of Seller. This warranty does not cover batteries or any item that is
designed to be consumable. Seller does not warranty products of others which are not
included in Seller’s published price lists for shielding products and systems supplies and
accessories.
Buyer’s Remedies
If Seller determines that any product fails to meet any warranty during the applicable
warranty period, Seller shall correct any such failure by either, at its option, repairing,
adjusting, or replacing without charge to Buyer any defective or nonconforming product, or
part or parts of the product. Seller shall have the option to furnish either new or exchange
replacement parts or assemblies.
Warranty service during the applicable warranty period will be performed without charge to
Buyer within the contiguous 48 United States during Seller’s normal business hours. After
the warranty period, service will be performed at Seller’s prevailing service rates. Subject to
the availability of personnel, after-hours service is available upon request at an additional
charge. For service outside the contiguous 48 United States, travel and per diem expenses,
when required, shall be the responsibility of the Buyer, or End User, whichever is
applicable.
The remedies set forth herein are conditioned upon Buyer promptly notifying Seller within
the applicable warranty period of any defect or nonconformance and making the product
available for correction.
The preceding paragraphs set forth Buyer’s exclusive remedies and Seller’s sole liability for
claims based on failure of the products to meet any warranty, whether the claim is in
contract, warranty, tort (including negligence and strict liability) or otherwise, and however
instituted, and, upon the expiration of the applicable warranty period, all such liability shall
terminate. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING
OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING,
ASSEMBLING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF,
OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT
SELLER’S WRITTEN CONSENT DESPITE ANY NEGLIGENCE ON BEHALF OF THE
SELLER. IN NO EVENT SHALL SELLER’S LIABILITIES UNDER ANY CLAIM MADE BY
BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCT IN RESPECT OF WHICH
DAMAGES ARE CLAIMED. This agreement shall be construed in accordance with laws of
the State of Illinois. In the event that any provision hereof shall violate any applicable
statute, ordinance, or rule of law, such provision shall be ineffective to the extent of such
violation without invalidating any other provision hereof.
Any controversy or claim arising out of or relating to the sale, delivery, nondelivery,
servicing, assembling, use or loss of use of the products or any part thereof or for any
charges or expenses in connection therewith shall be settled in Austin, Texas by arbitration
in accordance with the Rules of the American Arbitration Association, and judgment upon
the award rendered by the Arbitrator may be entered in either the Federal District Court for
the Western District of Texas or the State District Court in Austin, Texas, all of the parties
hereto consenting to personal jurisdiction of the venue of such court and hereby waive the
right to demand a jury trial under any of these actions
Archived 4/2/10