UMTC User Manual
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conditions. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR AGAINST
INFRINGEMENT OF ANY PATENT), AS TO THE PRODUCT(S) EXCEPT AS EXPRESSLY PROVIDED HEREIN. Buyer
affirms that he has not relied upon Seller's skill or judgment to sell or furnish specifications. Though Seller warrants that any
Product delivered by Seller will meet specifications supplied by Seller, Seller does not warrant that the specifications are fit for
the Buyer's purpose. The foregoing warranty and remedies are exclusive and are made expressly in lieu of all other warranties
expressed or implied, either in fact or by operation of law, statutory or otherwise, including warranties of merchantability and
fitness for use. Seller neither assumes nor authorizes any person to assume for it any other liability in connection with the sale,
installation or use of its Product(s) and Seller makes no warranty whatsoever for Product(s) not manufactured by Seller. IN NO
EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, NOR SHALL ITS
LIABILITY IN CONNECTION WITH ANY PRODUCT(S) OR SERVICE SOLD EXCEED THE SALES PRICE OF SUCH
PRODUCT(S) OR SERVICE.
13.
Limitation of Liabilities.
Seller's sole obligation to Buyer hereunder for Product(s) failing to meet the aforesaid warranty shall
be, at Seller's discretion, (a) repair or replace the Product(s) which are defective or (b) refund so much of the purchase price as
Buyer has paid for the defective Product(s), provided that written notice of the defect and its nature is given to Seller as soon as
practical after discovery of the defect, but in no event later than the warranty period. The remedy of repair, replacement, or
refund of the purchase price is Buyer's sole and exclusive remedy and will satisfy all of Seller's liabilities, whether based on
contract, negligence, tort, product liability, strict liability, or otherwise.
14.
Life Support Policy.
No Micro Industries' Product(s) may be used in a "life support" or "critical component" application
without the express written consent of the president of Micro Industries Corporation as used herein. Life support devices are
defined as devices or systems which (1) are intended for surgical implant into the body, or (2) support or sustain life and whose
failure to perform when properly used in accordance with instructions for use provided in the labeling can be reasonably
expected to result in significant injury to the user. A critical component is defined as any component in a life support device or
system whose failure to perform can be reasonably expected to cause the failure of the life support device or system or to affect
its safety or effectiveness.
15.
Other.
Buyer grants to Seller, and Seller retains, a security interest in the Product(s) until the total price, including taxes,
delivery, and other charges, has been paid in full. Buyer will sign and deliver to Seller any additional security agreement and
financing statements requested by Seller. Buyer agrees that seller may correct typographical or clerical errors which may be
present in the prices, quantities, or specifications contained in any of the documents. Seller agrees to exercise reasonable care
in handling and storage of all property in Seller's possession which has been furnished by Buyer, but Seller is not responsible
for loss thereof or damage thereto. No right or interest arising out of any contract between Seller and Buyer may be assigned
by Buyer without the prior written consent of Seller. No waiver or modification of any of the terms contained herein shall bind
Seller unless in writing and signed by Seller. The validity, construction, and interpretation of this contract and the rights and
duties of the parties hereto shall be governed by the laws of Ohio without reference to Ohio's choice of law rules. Seller is not
bound by any representations, promises, or inducements of any kind unless set forth herein.
