ETS-Lindgren 8100-040, User Manual, Page: 41 / 44

www.ets-lindgren.com Warranty
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Within the contiguous 48 United States, warranty service performed during the
applicable warranty period will be performed without charge to Buyer d
uring Seller’s
normal business hours. After the warranty period, service will be performed at Seller’s
prevailing service rates. Subject to the availability of personnel, after-hours service is
available upon request at an additional charge.
Outside the contiguous 48 United States, travel and per diem expenses, when
required, shall be the responsibility of the Buyer, or End User, whichever is applicable
regardless of the warranty period.
The remedies set forth herein are conditioned upon Buyer promptly notifying Seller
within the applicable warranty period of any defect or non-conformance and making
the product available for correction.
The preceding paragraphs set forth Buyer’s exclusive remedies and Seller’s sole
liability for claims based on failure of the products to meet any warranty, whether the
claim is in contract, warranty, tort (including negligence and strict liability) or
otherwise, and however instituted, and, upon the expiration of the applicable warranty
period, all such liability shall terminate. IN NO EVENT SHALL SELLER BE LIABLE
TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF, OR AS A RESULT OF, THE SALE,
DELIVERY, NON-DELIVERY, SERVICING, ASSEMBLING, USE OR LOSS OF USE
OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR
EXPENSES OF ANY NATURE INCURRED WITHOUT SELLER’S WRITTEN
CONSENT DESPITE ANY NEGLIGENCE ON BEHALF OF THE SELLER. IN NO
EVENT SHALL SELLER’S LIABILITIES UNDER ANY CLAIM MADE BY BUYER
EXCEED THE PURCHASE PRICE OF THE PRODUCT IN RESPECT OF WHICH
DAMAGES ARE CLAIMED. This agreement shall be construed in accordance with
laws of the State of Texas. In the event that any provision hereof shall violate any
applicable statute, ordinance, or rule of law, such provision shall be ineffective to the
extent of such violation without invalidating any other provision hereof.
Any controversy or claim arising out of or relating to the sale, delivery, non-delivery,
servicing, assembling, use or loss of use of the products or any part thereof or for any
charges or expenses in connection therewith shall be settled in Austin, Texas by
arbitration in accordance with the Rules of the American Arbitration Association, and
judgment upon the award rendered by the Arbitrator may be entered in either the
Federal District Court for the Western District of Texas or the State District Court in
Austin, Texas, all of the parties hereto consenting to personal jurisdiction of the venue
of such court and hereby waive the right to demand a jury trial under any of these
actions.