Harris Constellation, Installation And Maintenance Manual

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Constellation™ 2002 June 20
13-8
sole option, such other manufacturer’s defective part(s) within 60 days after
receipt of such parts by Harris MCD in accordance with the below specified
procedures, at Harris MCD’s own expense, exclusive, however, of cost of labor
by the customer’s own employees, agents or contractors in identifying,
removing or replacing the defective part(s) of the product.
An authorization to return products to Harris MCD under this warranty must
be obtained from a Harris MCD representative prior to making shipment to
Harris MCD’s plant, and all returns shall be shipped freight prepaid. Collect
shipments will not be accepted, but Harris MCD will prepay return freight
charges on repaired and replaced products found to be actually defective.
Liability of Harris MCD for breach of any and all warranties hereunder is
expressly limited to the repair or replacement of defective products as set forth
in this section, and in no event shall Harris MCD be liable for special, incidental
or consequential damages by reason of any breach of warranty or defect in
materials or workmanship. Harris MCD shall not be responsible for repair or
replacement of products that have been subjected to neglect, accident or
improper use, or that have been altered by other than authorized Harris MCD
personnel.
Any warranties or conditions made herein by Harris are exclusive, made in lieu
of all other warranties or conditions, express or implied (except to title)
including, but not limited to, any implied warranty or condition of
merchantability, any implied warranty or condition of fitness for a particular
purpose, or any warranty or condition arising out of performance or custom or
usage of trade. Customer acknowledges any circumstances causing any such
exclusive or limited remedy to fail of its essential purpose shall not affect any
Harris warranty.
Limitation of Damages
Harris’ total and maximum liability under this agreement or in connection with
the subject matter of this agreement or any transaction related to this
agreement, shall be limited to one-half (1/2) of the aggregate amount paid to
Harris, regardless of the basis for such liability. Customer acknowledges and
agrees this section shall be enforceable in the event of any claim made in
connection with this agreement, including, but not limited to, any claim for
failure of delivery. In no event shall Harris be liable for any punitive, special,
incidental, or consequential damages, including, but not limited to lost profits,
opportunities or savings or for any loss of use of, or loss of data or information
of any kind, however caused or for any full or partial loss of performance of any
product, even if Harris has been advised of the possibility of such damages.