Warranties and disclaimers, Buyer's transfer obligations – KEYENCE AutoID User Manual

Page 115

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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 failsafe 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.

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