Nextteq VeriFit Irritant Smoke Generators for Respirator Fit Testing - Manual (Page 27)

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VeriFit Irritant Smoke Generators Manual
Toll free: 877-312-2333 / Toll free: 877-312-2444 www.nextteq.com
PN 50811300-340N Rev F 5/09
Disclaimer of Warranties
ITS ESSENTIAL PURPOSE. IF THE USER IS CONFUSED ABOUT THE PROPER USE
OF VERIFIT IRRITANT SMOKE GENERATORS, ANY INSTRUCTIONS, WARNINGS,
LABELS, SPECIFICATIONS, TEST PROTOCOL, OR THE VERIFIT IRRITANT SMOKE
GENERATORS MANUAL, THE USER SHOULD CALL NEXTTEQ FOR ASSISTANCE
PRIOR TO USING THE PRODUCT. NEXTTEQ CAN BE CONTACTED AT ONE OF
THE FOLLOWING TELEPHONE NUMBERS: TOLL FREE 877-312-2333 OR LOCAL
NUMBER 813-249-5888.
LIMITATION OF DAMAGES
THE PARTIES HERETO AGREE THAT BUYER’S SOLE AND EXCLUSIVE DAMAGES
FOR SELLER’S BREACH SHALL BE LIMITED TO THE PRICE OF THE GOODS
SOLD AND THAT ALL OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO,
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND 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.