Warranty
IRCON, Inc. warrants equipment manufactured by it to be free from defects in materials and
workmanship for a period of one year from the date of shipment by IRCON. Customer-paid repairs are
warranted for 90 days from date of shipment. If within such period any such equipment shall be proved
to IRCON’s satisfaction to be so defective, such equipment shall be repaired or replaced at IRCON’s
option, provided the defective equipment is returned to IRCON, transportation charges prepaid by
purchaser.
This warranty shall not apply
(a)
to equipment not manufactured by IRCON,
(b)
to equipment which
shall have been repaired or altered by others than IRCON so as, in its judgment, to affect the same
adversely, or
(c)
to equipment which shall have been subject to negligence, accident or damage by
circumstances beyond IRCON’s control or to improper operation, maintenance or storage, or to other
than normal use or service. With respect to equipment purchased by IRCON but not manufactured by
IRCON, the warranty obligations of IRCON shall in all respects conform and be limited to the warranty
actually extended to IRCON by its supplier (the manufacturer). The foregoing warranties do not cover
reimbursement for transportation, removal, installation, or other expenses which may be incurred in
connection with repair or replacement.
Except
as may be expressly provided in an authorized writing by IRCON, IRCON shall not be subject
to any other obligations or liabilities whatsoever with respect to equipment manufactured by IRCON
or services rendered by IRCON.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS
AND IMPLIED WARRANTIES EXCEPT WARRANTIES OF TITLE, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. LIMITATION OF LIABILITY.
Anything
to the contrary herein contained notwithstanding,
IRCON, ITS CONTRACTORS AND
SUPPLIERS OF ANY TIER, SHALL NOT BE LIABLE IN CONTRACT, IN TORT (INCLUDING
NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER.
The remedies of the purchaser set forth herein are exclusive where so stated and the total cumulative
liability of IRCON, its contractors and suppliers of any tier, with respect to this contract or anything
done in connection therewith, such as the use of any product covered by or furnished under the contract,
whether in contract, in tort (including negligence or strict liability) or otherwise, shall not exceed the
price of the product or part on which such liability is based.
IRCON Limited Use Software License Agreement and Limited
Warranty
Modline 5 ModView Configuration Software Distributed with Ircon Modline 5 Sensors
IMPORTANT! THE ENCLOSED SOFTWARE IS LICENSED ONLY ON THE CONDITION THAT THE
LICENSEE (REFERRED TO IN THIS AGREEMENT AS "YOU") AGREES WITH IRCON, INC.
(REFERRED TO IN THIS AGREEMENT AS "IRCON") TO THE TERMS AND CONDITIONS SET
FORTH IN THE FOLLOWING LEGAL AGREEMENT. READ THIS SOFTWARE LICENSE
AGREEMENT CAREFULLY. AT THE END, YOU WILL BE ASKED TO ACCEPT THIS AGREEMENT
AND CONTINUE TO INSTALL THE SOFTWARE, OR, IF YOU DO NOT WISH TO ACCEPT THIS
