30 | Gaumard Sales Terms and Conditions
S230.200 ADVANCED ZACK™
|
USER GUIDE
elect to repay or credit to Customer an amount equal to the purchase price of the defective Product. Items replaced
shall become Gaumard property. All claims shall be initiated by contacting Gaumard within the applicable Warranty
Period and within thirty (30) days after discovery of the non-conformity. If Customer has failed to notify Gaumard
within the Warranty Period, then Customer shall be barred from instituting any action thereafter. Customer shall not
return the Product to Gaumard without prior authorization from Gaumard. If the necessary repairs to the Product
are covered by this limited warranty, then Customer will pay only the incidental expenses associated with the repair,
including any shipping, handling, and related costs for sending the product to Gaumard and for sending the product
back to the first purchaser. However, if the repairs are not covered by this limited warranty, then Customer will
be liable for all repair costs in addition to costs of shipping and handling. Upon request, Gaumard must be given
access to and an opportunity to inspect the Product and any working areas and storage areas. These remedies shall
comprise Gaumard’s entire liability and Customer’s exclusive remedy for breach of warranty and are in lieu of any
other remedies at law or equity.
9.
LIMIT OF LIABILITY. GAUMARD SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL LOSSES, DAMAGES, OR EXPENSES (INCLUDING BUT NOT LIMITED TO LOSS
OF PROFITS, DATA, OR USE), DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING, SERVICE, OR USE
OF PRODUCT OR SERVICES ORDERED OR FURNISHED, OR FROM ANY CAUSE RELATING THERETO. EXCEPT FOR
PERSONAL INJURY OR DEATH TO THE EXTENT RESULTING FROM GAUMARD’S NEGLIGENT OR INTENTIONALLY
WRONGFUL ACTS OR OMISSIONS, IN NO EVENT SHALL GAUMARD BE LIABLE UNDER ANY LEGAL THEORY
OR FOR ANY CAUSE RELATED TO A PRODUCT OR SERVICE, WHETHER BASED UPON WARRANTY, CONTRACT,
TORT, NEGLIGENCE, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, FOR ANY AMOUNT
IN EXCESS OF THE PRICE, FEE, OR CHARGE RECEIVED BY GAUMARD FOR SUCH PRODUCT OR SERVICE.
10.
Governmental Authorizations. Customer is responsible for compliance and costs associated with all required
licenses, permits, or other governmental authorizations, including but not limited to, any license or certification
needed for Customer to use the Product, and any export or import license, exchange permit, or the like (“Licenses”),
even if applied for by Gaumard on Customer’s behalf. If any authorization is delayed, denied, revoked, restricted, or
not renewed, Gaumard shall not be liable, and Customer is not relieved of its obligations. Customer represents and
agrees that it will handle all Product and technical data related to the Licenses so that it conforms to all applicable
U.S. laws and regulations, including U.S. export licensing laws and the U.S. Foreign Corrupt Practices Act. Customer
shall not trans-ship, divert, re-export or otherwise dispose of any U.S. origin goods or technology obtained from
Gaumard except as U.S. laws and regulations expressly permit.
11. Indemnity.
Gaumard agrees to indemnify, defend and hold Customer, its officers, directors, employees, agents and contractors
harmless from and against all loss, damage, liability, cost and expense (including reasonable attorneys’ fees and
expenses) by reason of any claims or actions by third parties against Customer for (1) bodily injury or death, and
damage, loss or destruction of any real or tangible personal property, which third party claims arise out of or relate
to Gaumard’s gross negligence or willful misconduct or (2) infringement or misappropriation by Gaumard of any
intellectual property rights under this Agreement.
a.
Customer agrees to indemnify, defend and hold Gaumard, its officers, directors, employees, agents and
contractors harmless from and against all loss, damage, liability, cost and expense (including reasonable attorneys’
fees and expenses) by reason of any claims or actions by third parties against Gaumard for (1) bodily injury or
death or damage, loss or destruction of any real or tangible personal property, which third party claims arise out of
or relate to Customer’s gross negligence or willful misconduct; (2) infringement or misappropriation by Customer
of any intellectual property rights; or (3) Customer’s or its customer’s use of the Products or Services, including
without limitation, defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity,
or spamming or any other tortious or illegal conduct.
12.
Software License. For purposes of these Terms, the term “Software” includes all Gaumard computer software,
Summary of Contents for ADVANCED ZACK S230.200
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