8
evidence that the Product was misused or abused. Consequently LSI shall irrevocably be relieved of any obligations
to compensate the user or owner of the Product for any and all damages resulting from Product failures when data
logging equipment, and access to its content, cannot be freely and readily provided, unhampered, to LSI.
LSI will pay ground freight transportation costs of replacement or repaired parts or Products to the destination in
the countries in which it maintains a service center (currently Canada, continental United States of America, United
Kingdom, Australia and the United Arab Emirates) (the “Territory”). LSI will not pay any transportation costs of
replacement or repaired parts to a destination outside of the Territory. Shipping and handling costs to locations
outside the Territory shall be the responsibility of and borne by Purchaser or Owner of the Product prior to any
shipment by LSI. (Contact LSI to obtain a Return Authorization Number and the address to ship parts).
EXCLUSION OF OTHER WARRANTIES
THE ABOVE WARRANTY IS THE SOLE WARRANTY APPLICABLE AND THERE ARE NO EXPRESS, LEGAL OR IMPLIED
WARRANTIES OR CONDITIONS IN RELATION TO ANY PRODUCTS INCLUDING ANY IMPLIED WARRANTY OR
CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE
OTHERWISE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE,
WHICH ARE EXPRESSLY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LSI OR ITS
EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR CONDITION OR IN ANY WAY INCREASE THE
SCOPE OF LSI’S OBLIGATIONS. LSI DOES NOT WARRANT THAT THE BUSINESS RESULTS OBTAINED FROM THE USE
OF THE PRODUCTS WILL BE APPROPRIATE OR ADEQUATE FOR THE PURCHASER.
EXCLUSION
This Limited Warranty does not cover and shall not apply to:
•
Any Product that is misused or abused, including being altered, modified or repaired not in accordance with
LSI written instructions or authorizations or used not in compliance with LSI’s instructions and/or industry
standards and practices;
•
Any incidental costs or expense, such as shipping charges to LSI or an designated service representative as well
as the technician out-of-pocket expenses including traveling, lodging and meal expenses, if any;
•
The damages caused during the transport or the moving of the Product;
•
Damages caused by accidents, abuse, misuse, a force majeure (described as events outside a LSI’s or any
Product user’s control, including war, riot, strikes, embargoes) or external cause;
•
Any cost, damage or expenses for field labor or any other expenses related to or arising from the replacement
of defective parts.
•
Products used for pile-driving, wire rope activated clamshell or dragline applications. If purchaser uses the
Products for pile-driving, wire rope activated clamshell or dragline application, the Limited Warranty will be
deemed to have been violated for abuse.
•
Any costs associated with providing LSI with data logging equipment.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will LSI be liable to the purchaser or any third
party
for any indirect, special, consequential, incidental or exemplary damages whatsoever, including but not
limited to loss of revenue or profit, lost or damaged data, business interruption or any other pecuniary loss
whether based on contract, tort or other causes of action, even if LSI has been advised of the possibility of such
damages. In any event, the total liability of LSI arising from any cause of action or claim whatsoever, whether (1) in
contract, (2) in tort (including negligence, whether sole, joint, contributory, concurrent or otherwise, but not
including intentional, reckless or wanton tort), (3) under strict liability, (4) under any environmental or
antipollution law or regulation, (5) connected with any toxic or hazardous substance or constituent, (6) arising out
of any representation or instruction, or under any warranty, (7) or otherwise, arising out of, connected with, or
resulting from the design, manufacture, sale, resale, delivery, repair, replacement or use of Products or the
furnishing of any service shall in no event exceed the price allocable to and paid to LSI for the individual unit of
Products or service or part thereof which gives rise to the cause of action or claim.
