Elo TouchSystems 1767L User Manual

Page 47

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THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REMEDIES FOR BREACH OF

WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SELLER GRANTS

NO OTHER WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, REGARDING

THE PRODUCTS, THEIR FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR

MERCHANTABILITY, THEIR NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF SELL-

ER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WARRANTY FOR THE GOODS OTH-

ER THAN THE WARRANTY SET FORTH HEREIN. SELLER’S LIABILITY UNDER THE WARRANTY

SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT

SHALL SELLER BE LIABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF SUB-

STITUTE GOODS BY BUYER OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCI-

DENTAL DAMAGES.

Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless from all liability

relating to (i) assessing the suitability for Buyer’s intended use of the Products and of any system design

or drawing and (ii) determining the compliance of Buyer’s use of the Products with applicable laws,

regulations, codes, and standards. Buyer retains and accepts full responsibility for all warranty and other

claims relating to or arising from Buyer’s products, which include or incorporate Products or compo-

nents manufactured or supplied by Seller. Buyer is solely responsible for any and all representations and

warranties regarding the Products made or authorized by Buyer. Buyer will indemnify Seller and hold

Seller harmless from any liability, claims, loss, cost, or expenses (including reasonable attorney’s fees)

attributable to Buyer’s products or representations or warranties concerning same.

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