Topcon 1004089-01, Tuning Manual

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RETURN AND REPAIR - During the respective warranty periods, any of the above items
found defective may be shipped to TPA for repair. TPA will promptly repair or replace the
defective item at no charge, and ship it back to you. You must pay the shipping and handling
charges in respect of the same. Calibration of components, labor and travel expenses incurred
for in-field removal and replacement of components are not covered in this warranty policy.
The foregoing warranty shall NOT apply to damage or defects resulting from:
(i) disaster, accident or abuse
(ii) normal wear and tear
(iii) improper use and/or maintenance
(iv) unauthorized modifications of the product; and/or
(v) use of the product in combination with other products not supplied or specified by TPA.
Software accompanying any product is licensed for use in connection with the product and
not sold. Use of software that is provided with a separate end user license agreement
(“EULA”) will be subject to the terms and conditions, including those relating to limited
warranty, of the applicable EULA, notwithstanding anything in these Terms and Conditions
to the contrary.
WARRANTY DISCLAIMER - OTHER THAN FOR THE ABOVE WARRANTIES,
WARRANTIES PROVIDED IN AN APPLICABLE WARRANTY CARD, APPENDIX
OR END USER LICENSE AGREEMENT, THIS MANUAL, THE PRODUCT AND
RELATED SOFTWARE ARE PROVIDE ‘AS-IS’. THERE ARE NO OTHER
WARRANTIES AND TO THE EXTENT ALLOWED BY LAW TPA EXCLUDES ALL
IMPLIED TERMS, CONDITIONS AND WARRANTIES IN RESPECT OF THE
MANUAL AND THE PRODUCT (INCLUDING ANY IMPLIED WARRANTY OR
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE).
TPA IS NOT RESPONSIBLE FOR THE OPERATION OF GNSS SATELLITES
AND/OR AVAILABILITY, CONTINUITY, ACCURACY, OR INTEGRITY OF GNSS
SATELLITE SIGNALS.
LIABILITY LIMIT AND INDEMNITY - TPA and its dealers, agents and representatives
shall not be liable for technical or editorial errors or omissions contained herein or for special,
indirect, economic, incidental or consequential damages resulting from the furnishing,
performance or use of this material, the product or its accompanying software (including
where TPA has been advised of the possibility of such damage). Such disclaimed damages
include but are not limited to loss of time, loss or destruction of data, loss of profit, savings or
revenue or loss of or damage to the product. You shall defend, indemnify and hold TPA
harmless from and against any claims, actions, suits, damages, losses, liabilities and costs
(including attorneys’ fees) arising from, or relating to (a) your operation use, or maintenance
of the product and/or software other than as provided for in this manual or the applicable end
user license agreement; and (b) your negligence or wrongful act or omission in respect of the
product.
In any event, TPA’s liability to you or any other person for any claim, loss or damage (in
contract, tort or on any other basis) will be limited (in TPA’s option) to either (a) the
replacement or repair of the product, or (b) payment of the cost of replacing or repairing the
product.
Other
These Terms and Conditions may be amended, modified, superseded or cancelled, at any time
by TPA. These Terms and Conditions will be governed by, and construed in accordance with: