PAC R6000S, Operation Manual

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Page 12 of 92 PAC L.P., All Rights Reserved, 2015
R6000S Operation Manual: Rev. G
indemnify and hold PAC harmless from any and all actions, claims, suits, damages and expenses arising from such use. PAC
provides no warranty on the oral representations made by its personnel while they are attempting to assist BUYER in the operation
of a product. This Standard Limited Warranty does not apply to items consumed by the products during their ordinary use, including
but not limited to fuses, batteries, paper, septa, fittings, screws, fuses, pyrolysis, dryer or scrubber tubes, sample boats, furnaces or
lamps. This warranty is valid only if genuine PAC parts, consumables and standards are used in PAC products.
4. Resale products are goods (that are sold with PAC’s products) which are not manufactured by PAC and which are supplied as an
accommodation to BUYER. PAC MAKES NO WARRANTY FOR RESALE PRODUCTS, EITHER EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOLE WARRANTY
SHALL BE THAT OF THE RESALE PRODUCT MANUFACTURER.
BUYER agrees that PAC has no liability for resale products beyond the services within PAC’s direct control necessary to reasonably
discharge the above stated responsibility and that PAC shall not be liable for delays caused by resale product manufacturer. PAC
does not warrant products it does not manufacture except to the extent the warranty of the manufacturer of the product at issue
passes through or is otherwise assigned to PAC. BUYER further agrees that BUYER’s SOLE AND EXCLUSIVE REMEDY for
PAC’s breach of the stated responsibility shall be limited to the difference between the resale product manufacturer’s price to PAC
and PAC’s price to BUYER for resale products.
5. Expenses for Non-Warranty Work. All repairs or replacements by PAC after the expiration of any applicable limited warranty
period will be performed in accordance with PAC’s standard rate for parts and labor. Further, if upon PAC’s inspection and review,
PAC determines the condition of the product for which a warranty claim is submitted is not caused by a defect in PAC’s material and
workmanship, but is the result of some other condition, including but not limited to damage caused by any of the events or
conditions set forth in Section I.3., BUYER shall be liable for all expenses incurred by PAC to conduct the inspection and review of
the product.
6. Exclusive Remedy. The limited warra
nty contained herein constitutes BUYER’s exclusive remedy with respect to products sold
by PAC and PAC’s liability shall be exclusively limited to the written limited warranty specified herein. No employee, representative
or agent of PAC is authorized to either expressly or impliedly modify, extend, alter or change any of the limited warranties expressed
herein to BUYER.
7. Procedure and Costs. All limited warranty claims must be made in writing promptly following discovery of any failure to conform
to specifications or any defect in materials or workmanship. BUYER must hold products for inspection by PAC. If requested by
PAC, BUYER must send the product to PAC for inspection. Any such returns by BUYER will be at BUYER’s expense and BUYER
will remain li
able for any loss of or damage to the product during such product’s transportation to PAC. No products will be sent to
PAC for inspection unless PAC has authorized BUYER to do so.
8. Terms and Conditions.
PAC’s General Terms and Conditions are incorporated herein by reference and BUYER accordingly
agrees to be bound by the terms thereof.
II. Limitations on PAC Liability
1. In General. BUYER agrees that in no case shall PAC be liable for any special, incidental, consequential, or punitive damages
based upon any legal theory whether or not such damages are foreseeable. such damages include, but are not limited to, loss of
profits, loss of savings or revenue, loss of use of the product or any associated equipment, cost of capital, cost of any substitute
equipment, facilities or services, downtime, the claims of third parties including customers, injury to property and, unless precluded
under applicable state law, bodily and personal injury. PAC’s total liability for any and all losses and damages arising out of any and
all causes whatsoever including, without limitation, defects in the product(s), services, software, or documentation supplied or
breach of this agreement, shall in no event exceed the purchase price of the applicable product(s). BUYER agrees these limitations
on PAC’s liability are reasonable and reflected in the amounts charged by PAC for its products.
2. BUYER Data. If any data supplied by BUYER, whether in the form of BUYER specifications or pursuant to any purchase order or
other documentation, proves to be inaccurate, any warranties or other related obligations of PAC relying thereon will be void.
3. Force Majeure. This Standard Limited Warranty does not cover and PAC shall not be liable for either direct or consequential
damage caused, either directly or indirectly, as a result of: (i) any act of God, including but not limited to natural disaster, such as
floods, earthquakes, or tornadoes; (ii) damages resulting from or under the conditions of labor disputes, strikes or riots, insurrection,
civil commotion or war; (iii) damages or improper operation due to intermittent power line voltage, frequency, electrical spikes or
surges, unusual shock or electrical damage; (iv) accident, fire or water damage, neglect, corrosive atmosphere or causes other
than ordinary use; (v) failure of supplies or transportation, or governmental action or; or (vi)
any other causes beyond Seller’s
reasonable control.