Vemco HR2, User Manual

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RETURNED ITEMS
All repairs, replacements and corrections described above shall be performed by VEMCO at its plant at
Halifax, Nova Scotia, or at such other place as may be mutually agreeable, and with reasonable care
and dispatch in order that the Product, accessory, equipment or part will not be kept out of service longer
than necessary. Return to BUYER of a repaired, replacement, or corrected accessory, equipment, part
or Product shall be at VEMCO’s expense. Title to and risk of loss of the Product, accessory, equipment,
or part returned to VEMCO pursuant hereto shall at all times remain with the BUYER, except that title
to a returned accessory, equipment, part, or Product shall pass to VEMCO concurrently with shipment to
BUYER of any item furnished by VEMCO to BUYER as a replacement therefore. VEMCO shall have
only such responsibility for any Product, accessory, equipment, or part owned by the BUYER and in the
possession of VEMCO as is chargeable by law to a bailee for hire, but shall not be chargeable for loss
of use thereof.
WEAR AND TEAR
Normal wear and tear and the need for regular maintenance shall not constitute a defect under this
warranty.
DISCLAIMER AND RELEASE
THE WARRANTIES, OBLIGATIONS AND LIABILITIES OF VEMCO AND THE REMEDIES OF
BUYER SET FORTH HEREIN ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND BUYER
HEREBY WAIVES AND RENOUNCES, ALL OTHER WARRANTIES AND OBLIGATIONS OF
VEMCO AND ANY ASSIGNEE OF VEMCO AND ALL RIGHTS, CLAIMS AND REMEDIES OF
BUYER AGAINST VEMCO, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE,
WITH RESPECT TO ANY NON-PERFORMANCE OR DEFECT IN THE PRODUCT OR IN ANY
OTHER THING DELIVERED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED
TO:
A. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE;
B. ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE,
COURSE OF DEALING OR USAGE OF TRADE;
C. ANY OBLIGATION, LIABILITY, CLAIM OR REMEDY IN TORT, WHETHER OR NOT
ARISING FROM THE NEGLIGENCE OF VEMCO OR ANY ASSIGNEE OF VEMCO,
ACTUAL OR IMPUTED;
D. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY FOR LOSS OF OR
DAMAGE TO THE PRODUCT, FOR LOSS OF USE, REVENUE, OR PROFIT WITH
RESPECT TO THE PRODUCT; OR FOR ANY OTHER DIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES; AND
E. VEMCO MAKES NO REPRESENTATION THAT THE PRODUCT WILL NOT INFRINGE
ANY PATENT OR OTHER RIGHTS OF ANY PERSON AND BUYER AGREES TO
INDEMNIFY VEMCO AND HOLD VEMCO HARMLESS FROM ANY AND ALL
CLAIMS AND LIABILITIES WITH RESPECT TO SAME TOGETHER WITH ANY
CLAIMS AND LIABILITIES WITH RESPECT TO ANY INFRINGEMENT OF ANY
PATENT OR OTHER RIGHTS OF ANY PERSON ARISING AS A RESULT OF BUYER'S
PRODUCTS, TECHNOLOGY, ACTIVITIES, OR OTHERWISE.
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HR2 Receiver User Guide