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Product for service, repair, credit or exchange. Temaline warrants that its Products
shall be free from defects in materials and workmanship for a period of 18 months
from the date of shipment from the Temaline warehouse. Satisfaction of this warranty
shall be limited to repair or replacement of Products which are defective or defective
under normal use. Temaline’s warranty shall not extend to any Product which, upon
examination, is determined to be defective as a result of misuse, improper storage,
incorrect installation, operation or maintenance, alteration, modification, accident or
unusual deterioration of the Product due to physical environments in excess of the
limits set forth in Product manuals. THERE ARE NO WARRANTIES WHICH
EXTEND BEYOND THIS PROVISION. THIS WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE. NO REPRESENTATION OR WARRANTY
OF THE DISTRIBUTOR SHALL EXTEND THE LIABILITY OR
RESPONSIBILITY OF THE MANUFACTURER BEYOND THE TERMS OF THIS
PROVISION. IN NO EVENT SHALL TEMALINE BE LIABLE FOR ANY RE-
PROCUREMENT COSTS, LOSS OF PROFITS, LOSS OF USE, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES TO ANY PERSON RESULTING
FROM THE USE OF TEMALINE’S PRODUCTS.
Confidentiality
All software, drawings, diagrams, specifications, catalogs, literature, manuals and
other materials furnished by Honeywell HSG –Temaline relating to the design, use
and service of the Products shall remain confidential and shall constitute the
proprietary rights of Honeywell HSG -Temaline and Customer agrees to treat such
information as confidential.
Customer shall acquire no rights in the design of the Products or the related materials
except to use such information solely for the purpose of and only during the time it
sells the Products. Customer shall not copy the design of any of the Products or use or
cause to be used any Product design or related materials for its own benefit or for the
benefit of any other party. The covenants contained in this section shall remain
effective throughout the term of this Agreement and thereafter unless specifically
waived by Honeywell HSG -Temaline in writing.