Newgrind Rhino RX7, Operator'S Manual

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consequential damages, including loss of
profits, whether or not caused by or result-
ing from the negligence of seller and/or
the manufacturer of the product unless
specifically provided herein. In addition,
this warranty shall not apply to any
products or portions there of which have
been subjected to abuse, misuse, improp-
er installation, maintenance, or operation,
electrical failure or abnormal conditions
and to products which have been
tampered
with, altered, modified,
repaired, reworked by anyone not
approved by seller or used in any manner
inconsistent with the provisions of the
above or any instructions or specifications
provided with or for the product
FORCE MAJEURE
Seller’s obligation hereunder are subject
to, and Seller shall not be held responsible
for, any delay or failure to make delivery of
all or any part of the product due to labor
difficulties, fires, casualties, accidents, acts
of the elements, acts of God, transporta-
tion difficulties, delays by a common
carrier, inability to obtain product, materi-
als or components or qualified labor
sufficient to timely perform part of or all of
the obligations contained in these terms
and conditions, governmental regulations
or actions, strikes, damage to or destruc-
tion in whole or part of manufacturing
plant, riots, terrorist attacks or incidents,
civil commotions, warlike conditions,
flood , tidal waves, typhoon, hurricane,
earthquake, lightning, explosion or any
other causes, contingencies or circum-
stances within CANADA not subject to the
Seller’s control which prevent or hinder
the manufacture or delivery of the
products or make the fulfillment of these
terms and conditions impracticable. In the
event of the occurrence of any of the
foregoing, at the option of Seller, Seller
shall be excused from the performance
under these Terms and Conditions, or the
performance of the Seller shall be
correspondingly extended. This document
sets forth the terms and conditions pursu-
ant to which the purchaser (“Purchaser”)
will purchase and New Grind Inc. (“Seller”)
will sell the products, accessories, attach-
ments (collectively the products “) ordered
by the Purchaser. These terms and condi-
tions shall govern and apply to the sale of
Seller’s products to Purchaser, regardless
of any terms and conditions appearing on
any purchase order or other forms submit-
ted by Purchaser to Seller, or the inconsis-
tency of any terms therein and herein.
LIABILITY LIMITATIONS
The remedies of the user set forth under
provisions of warranty outlined above are
the exclusive and total liability of New
Grind Inc. with the respect to their sale or
the equipment and service furnished
hereunder, in connection with the perfor-
mance or
breach thereof, or from the sale, delivery,
installation, repair or technical direction
covered by or furnished under the sale,
whether based on contract, warranty,
negligence, indemnity, strict liability, or
otherwise shall not exceed the purchase
price of the unit of equipment upon which
such liability is based.
New Grind Inc. will not in any event be
liable to the user, any successors in
interest or any beneficiary or assignee
relating to this sale for any consequential,
incidental, indirect, special or punitive
damages arising out of this sale or any
breach thereof, or any defects on, or
failure of, or malfunction of the equipment
under this sale based upon loss of use, lost
profits or revenue, interest, lost goodwill,
work stoppage, impairment of other
goods, loss by reason of shutdown or non-
operation, increased expenses of opera-
tion of the equipment, cost of purchase or
replacement power of claims of users or
customers of the user for service interrup-
tion whether or not such loss or damage is
based on contract, warranty, negligence,
indemnity, strict liability, or otherwise.
New Grind Inc. reserves the right to
modify, alter and improve any part or parts
without incurring any obligation
to
replace any part or parts previously sold
without such modified, altered or
improved part or parts.
No person is authorized to give any other
warranty or to assume any additional