Warranties and disclaimers – KEYENCE LK-H2 User Manual

Page 75

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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.

(5)

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.

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