Terms and Conditions
Entek IRD 6600 Series Protection Monitors
vii
E. The limited warranties in this Section constitute Entek IRD's entire warranty as to the
products and services provided hereunder. ENTEK IRD HEREBY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING CONFORMITY TO ANY
REPRESENTATION OR DESCRIPTION AND INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSES
WHATSOEVER.
10. EXCLUSIVE REMEDIES AND LIABILITY LIMITATION. THE REMEDIES PROVIDED
HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES, AND ENTEK IRD'S
EXCLUSIVE LIABILITY WHETHER ARISING IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY. CUSTOMER
AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SALES, LOST
PRODUCTION, OVERHEAD, LABOR, INJURY TO PERSON OR PROPERTY, OR ANY
OTHER INCIDENTAL LOSS) SHALL BE AVAILABLE TO CUSTOMER. THIS
ALLOCATION OF RISK IS REFLECTED IN THE PRICES OF THE PRODUCTS AND
SERVICES. ENTEK IRD'S MAXIMUM LIABILITY HEREUNDER ARISING FROM ANY
CAUSE WHATSOEVER SHALL BE LIMITED TO THE PURCHASE PRICE OF THE
PRODUCTS AND SERVICES IN QUESTION. Any suit related to this Agreement, on any legal
theory, must be commenced within one year after the cause of action accrues.
11. TITLE AND LIEN RIGHTS. Each product shall remain personal property regardless of how it is
affixed to Customer's real property and Entek IRD reserves a purchase money security interest in
the product until the purchase price has been fully paid. Customer agrees to execute, and hereby
appoints Entek IRD as its attorney-in-fact to execute on Customer's behalf, any documents
requested by Entek IRD which are necessary for attachment and perfection of its security interest.
If Customer defaults, Entek IRD shall have all the rights of a secured creditor under the Uniform
Commercial Code as enacted in Ohio.
12. OTHER TERMS. These terms and conditions and any issue, claim or dispute arising hereunder
shall be interpreted under and governed in all respects by the internal laws of the State of Ohio,
and not by the 1980 U.N. Convention on the International Sale of Goods. These terms and
conditions and the written quotation to which they relate constitute the entire contract between
the parties, and supersede all other oral or written statements of any kind whatsoever made by the
parties or their representatives. Waiver by Entek IRD of strict compliance with any one or more
of these Terms and Conditions is not to be considered a continuing waiver or a waiver of any
other term or condition. No statement purporting to modify any of these terms or conditions shall
be binding unless expressly agreed to in writing signed by an officer of Entek IRD and by
Customer.
