Nextteq M8 Detection Paper - Manual (Page 16)

Page 13
M8 Detection Paper Manual
Tel: 813-249-5888 Toll free: 877-312-2333 / Fax: 813-249-0188 Toll free: 877-312-2444
THIS PRODUCT OR COMPONENT IS ONLY FOR SALE TO, FOR USE
BY, AND FOR STORAGE BY A TRAINED, QUALIFIED, PROFESSIONAL,
COMMERCIAL, OR INDUSTRIAL USER. THERE ARE NO WARRANTIES
THAT EXTEND BEYOND THE DESCRIPTION SET FORTH IN NEXTTEQ’S
TERMS AND CONDITIONS OF SALE. NEXTTEQ SHALL NOT BE LIABLE
FOR DIRECT OR INDIRECT CONSEQUENTIAL, INCIDENTAL, STATUTO-
RY, PUNITIVE, OR OTHER DAMAGES OR LOSS RESULTING FROM THE
PROPER OR IMPROPER USE OF EITHER THE PRODUCT OR COMPO-
NENT SOLD BY NEXTTEQ OR ANY INFORMATION OR RECOMMENDA-
TION CONTAINED IN THIS DOCUMENT.
Part 18 - 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.
Part 19 - 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 DE-
FECTIVE GOODS OR (3) REPAYMENT OF THE PURCHASE PRICE OF
THE DEFECTIVE GOODS. IF SELLER IS UNABLE TO PROVIDE ANY SE-
LECTED 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 DEFEC-
TIVE GOODS TO SELLER FOR INSPECTION AND SELLER’S INSPEC-
TION 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 IN-
CONSISTENT WITH SELLER’S OR THE MANUFACTURER’S SPECIFICA-
TIONS, INSTRUCTIONS, OR WARNINGS.
MSDS