Elo TouchSystems AccuTouch 821615-000, Product Manual

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repairing the Product or (ii) replacing the Product. Such modification, repair or
replacement and the return shipment of the Product with minimum insurance to
Buyer shall be at Seller's expense. Buyer shall bear the risk of loss or damage in
transit, and may insure the Product. Buyer shall reimburse Seller for
transportation costs incurred for Products returned but found by Seller not to be
defective. Modification or repair of Products may, at Seller's option, take place
either at Seller's facilities or at Buyer's premises. If Seller is unable to modify,
repair or replace a Product to conform to the warranty set forth above, then
Seller shall, at Seller's option, either refund to Buyer or credit to Buyer's account
the purchase price of the Product less depreciation calculated on a straight-line
basis over Seller's stated useful life of the Product (three years for touchscreen
components and controllers and one year for TouchMonitors). THESE
REMEDIES SHALL BE BUYER'S EXCLUSIVE REMEDIES FOR BREACH
OF WARRANTY.
(e) 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 SELLER OR ANY OTHER PARTY IS AUTHORIZED
TO MAKE ANY WARRANTY FOR THE GOODS OTHER 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
SUBSTITUTE GOODS BY BUYER OR FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES.
(f) 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 components
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 attorneys' fees) attributable
to Buyer's products or representations or warranties concerning same.
(g) This manual may contain reference to, or information about, Elo products
(equipment or programs), that are not now available. Such references or
information must not be construed to mean that Elo intends to provide such
products, programming, or services.