Limitation of remedies – Nextteq Irritant Smoke Tube Kit for Respirator Fit Testing and Airflow Indication User Manual
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Nextteq Irritant Smoke Tube Kit Manual
The Gastec Irritant Smoke Tube (Part Number 9501) is manufactured by the Gastec Corporation.
Nextteq is Gastec’s exclusive U.S. master wholesale distributor.
Tel: 813-249-5888 Toll free: 877-312-2333 Fax: 813-249-0188 Toll free: 877-312-2444 www.nextteq.
P/N 9505 Rev F 8/09
Warranty
STATUTORY DAMAGES ARE EXCLUDED. THE PARTIES FURTHER AGREE
THAT THIS LIMITATION OF DAMAGES PROVISION IS INDEPENDENT OF THE
LIMITATION OF REMEDIES PROVISION AND WILL BE ENFORCEABLE EVEN
IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.
lIMItatIon of reMedIeS
THE PARTIES HERETO AGREE THAT BUYER’S SOLE AND EXCLUSIVE
REMEDY AGAINST THE SELLER SHALL BE, AT SELLER’S OPTION, (1)
REPAIR OF THE DEFECTIVE GOODS (2) REPLACEMENT OF THE DEFECTIVE
GOODS OR (3) REPAYMENT OF THE PURCHASE PRICE OF THE DEFECTIVE
GOODS. IF SELLER IS UNABLE TO PROVIDE ANY SELECTED REMEDY,
SELLER MAY ELECT TO PROVIDE BUYER WITH ANY REMAINING
EXCLUSIVE REMEDY UNTIL ALL EXCLUSIVE REMEDIES HAVE BEEN
EXHAUSTED. THE NUMBER OF REMEDIES PROVIDED AND THE ORDER IN
WHICH THE REMEDIES ARE PROVIDED SHALL BE DETERMINED SOLELY
BY THE SELLER. THIS EXCLUSIVE REMEDY IS ONLY AVAILABLE TO THE
BUYER IF BUYER RETURNS THE DEFECTIVE GOODS TO SELLER FOR
INSPECTION AND SELLER’S INSPECTION DETERMINES A DEFECT EXISTS
AND THAT THE DEFECT WAS NOT CAUSED IN WHOLE OR IN PART BY THE
BUYER OR BY ANYONE’S USE, OPERATION, STORAGE, MAINTENANCE,
REPAIR, HANDLING, OR TRANSPORTATION OF THE DEFECTIVE GOODS
WHICH WAS INCONSISTENT WITH SELLER’S OR THE MANUFACTURER’S
SPECIFICATIONS, INSTRUCTIONS, OR WARNINGS.