APPENDIX B.
Warranty
IDS GeoRadar S.r.l.
Confidential Information - Do Not Distribute
MNG/2017/0016 Rev 1.0 73/ 78
3.
IBIS can be used in Critical Monitoring for safety purposes applications, like real time
monitoring of unstable slopes including Opencast Mining. Buyer shall be aware and
agree that the assessment of the stability conditions of the observed target must be
tasked to skilled and certified operator/s able to understand data supplied by either
IBIS or others. The performance of IBIS can be, in fact, influenced either by the
parameters introduced by the operator/s or by particular environmental conditions
which may distort its outcomes, thus giving rise to false or missing alarms.
4.
IDS assumes no liability for any direct, indirect special, incidental or consequential
damages or injuries caused by such reliance or for the use of IBIS Products by operator
who have not achieved a training course certified by IDS. Any person or entity that
completely
relies
on
information
obtained
from
the
automated
data
processing/analysis tools only or by operators who have not achieved a training course
certified by IDS, does so at his own risk
D.
Limited Liability
Without prejudice to the exclusion of liability stated at the above Clause C.
1.
Seller’s sole obligation and liability under this Agreement shall be limited to the repair
or replacement of the Product, or the refund of the purchase price at the Seller’s sole
option. This Article sets forth the sole and exclusive remedies for claims based upon
defects or nonconformity of the Products, whether the claim is on contract, warranty,
tort (including negligence), strict liability, or otherwise.
The cumulative liability of Seller, including its subcontractors or suppliers, for any and all
claims, including but not limited to claims based on Seller’s negligence of any degree, strict
liability, breach of contract, warranty, reliance on the accuracy, reliability, or timeliness of
the information provided by the SW, patents or otherwise, shall not exceed the sums cashed
by IDS for the purchased Products, which give rise to the claim, and any such liability shall
terminate upon the expiration of the warranty period.
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