Warranties and disclaimers, Buyer's transfer obligations – KEYENCE DL-EP1 User Manual

Page 127

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WARRANTIES AND DISCLAIMERS

(1) KEYENCE warrants the Products to be free of defects in materials and workmanship for a period of one

(1) year from the date of shipment. If any models or samples were shown to Buyer, such models or
samples were used merely to illustrate the general type and quality of the Products and not to represent
that the Products would necessarily conform to said models or samples. Any Products found to be
defective must be shipped to KEYENCE with all shipping costs paid by Buyer or offered to KEYENCE for
inspection and examination. Upon examination by KEYENCE, KEYENCE, at its sole option, will refund
the purchase price of, or repair or replace at no charge any Products found to be defective. This warranty
does not apply to any defects resulting from any action of Buyer, including but not limited to improper
installation, improper interfacing, improper repair, unauthorized modification, misapplication and
mishandling, such as exposure to excessive current, heat, coldness, moisture, vibration or outdoors air.
Components which wear are not warranted.

(2) KEYENCE is pleased to offer suggestions on the use of its various Products. They are only suggestions,

and it is Buyer's responsibility to ascertain the fitness of the Products for Buyer’s intended use. KEYENCE
will not be responsible for any damages that may result from the use of the Products.

(3) The Products and any samples ("Products/Samples") supplied to Buyer are not to be used internally in

humans, for human transportation, as safety devices or fail-safe systems, unless their written
specifications state otherwise. Should any Products/Samples be used in such a manner or misused in
any way, KEYENCE assumes no responsibility, and additionally Buyer will indemnify KEYENCE and hold
KEYENCE harmless from any liability or damage whatsoever arising out of any misuse of the Products/
Samples.

(4)

OTHER THAN AS STATED HEREIN, THE PRODUCTS/SAMPLES ARE PROVIDED WITH NO OTHER

WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,

INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE

EXPRESSLY DISCLAIMED. IN NO EVENT SHALL KEYENCE AND ITS AFFILIATED ENTITIES BE

LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,

SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES

RESULTING FROM LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS

OR INACCURACY OF DATA, LOSS OF PROFITS, LOSS OF SAVINGS, THE COST OF

PROCUREMENT OF SUBSTITUTED GOODS, SERVICES OR TECHNOLOGIES, OR FOR ANY

MATTER ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE

PRODUCTS, EVEN IF KEYENCE OR ONE OF ITS AFFILIATED ENTITIES WAS ADVISED OF A

POSSIBLE THIRD PARTY’S CLAIM FOR DAMAGES OR ANY OTHER CLAIM AGAINST BUYER. In
some jurisdictions, some of the foregoing warranty disclaimers or damage limitations may not apply.

BUYER'S TRANSFER OBLIGATIONS:

If the Products/Samples purchased by Buyer are to be resold or delivered to a third party, Buyer must
provide such third party with a copy of this document, all specifications, manuals, catalogs, leaflets and
written information provided to Buyer pertaining to the Products/Samples.

E 1101-3

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