8
Standalone Power Supply Unit, Description and Installation Guide
1.4
Teleline Warranty
Subject to the provisions of this paragraph, Positron warrants that the equipment
shall perform in accordance with Positron's specifications. The warranty remains
valid for five (5) years from the date of shipment. The warranty fully covers
workmanship, materials and labor. Positron shall, at its sole discretion, repair or
replace the problem unit.
Freight costs to ship defective equipment to Positron are borne by the Customer,
with return of replaced or repaired equipment to be at Positron's expense.
1.4.1
Limitation of Liability
Subject to anything to the contrary contained herein, Positron's sole obligation
and liability and the customer's sole remedy for Positron's negligence, breach of
warranty, breach of contract or for any other liability in any way connected with or
arising out of, the equipment or any services performed by Positron shall be as
follows:
Q
In all situations involving performance or non-performance of the
equipment or any component thereof, the customer's sole remedy shall
be, at Positron's option, the repair or replacement of the equipment or
said component.
Q
For any other claim in any other way related to the subject matter of any
order under, the customer shall be entitled to recover actual and direct
damages; provided that Positron's liability for damages for any cause
whatsoever, and regardless of the form of the action, whether in contract
or in tort (including negligence), shall be limited to the value of the order.
Positron shall not be obligated to repair or replace any item of the equipment
which has been repaired by others, abused or improperly handled, improperly
stored, altered or used with third party material or equipment, which material, or
equipment may be defective, of poor quality or incompatible with the equipment
supplied by Positron, and Positron shall not be obligated to repair or replace any
component of the equipment which has not been installed according to Positron
specifications.
IN NO EVENT SHALL POSITRON BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR
SIMILAR OR ADDITIONAL DAMAGES INCURRED OR SUFFERED INCLUDING
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