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Section 13: TERMS OF USE, LIMITED WARRANTY & LIABILITY WAIVER
Kurt J. Lesker Company
offers all of its products with the following terms and conditions and notices as follows. By accepting
and/or using a Kurt J. Lesker Company product, you hereby acknowledge and agree to the following terms and conditions, and
acceptance of these terms and conditions are a condition precedent to any purchase/sale agreement between you and Kurt J. Lesker
Company.
Exclusive Obligation:
The Kurt J. Lesker Company product you are purchasing has been designed for a specific use within a set
of suitable operating conditions, as set forth in its User Manual, or as indicated otherwise by Kurt J. Lesker Company. Any use of
the Kurt J. Lesker Company Product for any purpose or under any conditions, other than those specified, shall render any limited
warranty void, and shall expressly invalidate any liability of Kurt J. Lesker Company for damages as a result of such misuse.
User
limitation:
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell, any information, software, products or services obtained from or created by Kurt J. Lesker Company to any
third party, without the express written consent of Kurt J. Lesker Company to do otherwise. Any violation of this provision shall
give rise to an indemnification of Kurt J. Lesker Company by you, for any third party claims arising out of such violation.
1 Year
LIMITED Warranty:
All Kurt J. Lesker Company products are warranted against any manufactured defect for a period of (365)
days from date of purchase, unless such product is a custom-work for you and not a standard Kurt J. Lesker Company product.
Any product qualifying as a custom-work shall not be warranted against any defects for any purpose, and your acceptance of such
custom-work shall relieve Kurt J. Lesker Company of any liability for any purpose. WITH THE EXCEPTION OF THE LIMITED
WARRRANTY ABOVE, YOU AGREE ANY Kurt J. Lesker Company PRODUCT IS PROVIDED AS IS, EXCLUSIVE OF
ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, EXPRESSED OR
IMPLIED.
Limitation Of Liability:
You agree and acknowledge, Kurt J. Lesker Company shall have no liability to you
whatsoever for any direct, indirect, punitive, incidental, special consequential damages arising out of or connected with the use or
misuse of its products. In particular, given the nature of Kurt J. Lesker Company products, you agree and acknowledge, under no
circumstances whatsoever shall Kurt J. Lesker Company be liable to you for any consequential damages for damage to any non-
Kurt J. Lesker Company product or service, arising from the failure, use or misuse of a Kurt J. Lesker Company product, including,
but not limited to, any vacuum system, engine, vehicle, factory, or the like. In the event, a court of law with proper jurisdiction
finds Kurt J. Lesker Company liable to you for any purpose, you agree and acknowledge Kurt J. Lesker Company’s maximum
liability shall not exceed the purchase price of one unit of product giving rise to such liability, or $250.00, whichever is greater.
Entire Obligation:
These terms and conditions express the entire obligation of Kurt J. Lesker Company with respect to its products.
If any part of these terms and conditions are deemed void, invalid, unenforceable or illegal, including, but not limited to, the
warranty disclaimers, liability disclaimers and liability limitations set forth above, then the unenforceable clause or sentence may
be disregarded with the remainder of these terms and conditions valid and enforced. In the event the unenforceable clause or
sentence leaves a void in these terms and conditions, a provision closely matching the intent of the unenforceable provision should
be deemed inherent within these terms and conditions, slightly modified to render such provision valid and enforceable.
General:
These terms and conditions are governed by the laws of the State of Pennsylvania, USA. You hereby consent to the exclusive
jurisdiction and venue of the Courts of Pennsylvania, in all disputes arising out of or relating to the use of this product. Use of this
product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Modification
of Terms and Conditions:
Kurt J. Lesker Company reserves the right to change the terms, conditions, and notices under which
their products are offered.
