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© Nelsen Corporation
Part # NRO-ROC2-MAN — RevE 0322
Repair or Replacement/Credit
Subject to the conditions and limitations herein, if Nelsen determines that the Product, or any part therein, does not
conform to this Limited Warranty, Nelsen will repair or replace the defective Product or part therein. Non-conforming
Products or parts therein must be returned to Nelsen’s authorized dealer at Buyer’s cost. Any replaced Products, or any
parts therein, shall be retained by and become the property of Nelsen. If Nelsen determines that the repair or replacement
of the Product or part therein is not commercially practicable, Nelsen will issue a credit in favor of Buyer in an amount
not to exceed the purchase price of the Product. Notwithstanding anything to the contrary herein, this Limited Warranty
does not cover any cost or labor associated with the removal or re-installation of the replacement Product or part
therein or any shipping costs associated with the returned Product or part therein, which remains the sole cost, risk and
responsibility of Buyer, unless otherwise agreed in writing by Nelsen.
Eligibility/Non-Transferable
This Limited Warranty applies only to Buyer if the Product is purchased from a Nelsen authorized dealer. This Limited
Warranty is personal to Buyer and may not be assigned or otherwise transferred by Buyer. Any attempt to transfer this
Limited Warranty shall be null and void and not recognized by Nelsen.
Disclaimer of Other Warranties/Limitation on Liability
EXCEPT AS PROVIDED ABOVE AND TO THE EXTENT PERMITTED BY LAW, THERE ARE NO OTHER REPRESENTATIONS
OR WARRANTIES WITH RESPECT TO THE PRODUCT, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, OR ARISING
UNDER CUSTOM OF TRADE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATIONS OR WARRANTIES AT ANY TIME MADE BY ANY
EMPLOYEE, AGENT OR REPRESENTATIVE OF NELSEN SHALL BE EFFECTIVE TO VARY OR EXPAND ANY WRITTEN
WARRANTY OR THE TERMS HEREOF. TO THE EXTENT A WAIVER OF IMPLIED WARRANTIES IS PROHIBITED BY
LAW, ANY IMPLIED WARRANTIES SHALL BE LIMITED TO THE DURATION OF ANY WRITTEN WARRANTY PROVIDED
BY NELSEN. IN NO EVENT SHALL NELSEN BE LIABLE TO BUYER OR TO ANY THIRD PARTY FOR CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOSS OF USE, RESULTING FROM OR IN ANY
MANNER RELATED TO THE PRODUCT, ITS DELIVERY, NON-DELIVERY, USE, OR INABILITY TO USE THE SAME, WHETHER
SUCH DAMAGES BE CLAIMED UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY. NELSEN’S TOTAL LIABILITY
UNDER THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS LIMITED TO REPAIR OR REPLACEMENT OF, OR
CREDIT FOR, THE PRODUCT OR ANY PART, AS STATED HEREIN.
Waiver of Class Action
ANY AND ALL CLAIMS ASSERTED BY BUYER OR ANY OTHER PERSON OR ENTITY SHALL BE RAISED IN AN INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING, WHICH ARE HEREBY WAIVED.
Applicable Law
This Limited Warranty shall be interpreted and governed under the laws of the State of Ohio without giving effect to the
choice of law rules thereof. Nelsen and Buyer irrevocably consent and submit to the exclusive jurisdiction and venue
within the courts of Summit County, Ohio and/or the United States District Court for the Northern District of Ohio in
connection with any litigation arising out of, or in any way relating to, this Limited Warranty or the Product, including, but
not limited to, any and all claims for breach of warranty or products liability, and Nelsen and Buyer expressly waive any
objection to the jurisdiction and/or venue of such courts.
Appendix C - Controller Limited Warranty
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