Vilter VSM 71-701, Operation And Service Manual

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Changes, Cancellations, and Returns. Buyer will pay reasonable charges and all associated costs and damages
arising from canceling or changing this Agreement. No returns shall be allowed other than with Seller’s express
permission, and such returns shall include a reasonable restocking charge to the extent permitted by law.
Resellers and Distributors. Should Buyer resell the product to a third party, then Buyer agrees to provide a copy of
these Terms and Conditions to such third party prior to the sale, and obtain such third party’s agreement to be
bound by the relevant provisions including, but not limited to, the Warranties Section and the Limitation of
Liability Section. Buyer agrees to indemnify Seller against any and all claims, damages, or liability (including
reasonable attorney fees) arising from Buyer’s breach of the obligations set forth in this Section.
Proprietary Rights. All designs and information provided by Seller remain its property, and Buyer shall honor all
proprietary legends.
Limitation of Liability. The Seller’s price is based on the enforceability of this limitation of liability, and the Buyer
understands that the price would be substantially higher without this limitation.
SELLER SHALL HAVE NO
LIABILITY TO BUYER FOR LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY
OR INCIDENTAL DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT, PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POTENTIAL DAMAGES IN ADVANCE.
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY DAMAGES WHATSOEVER IN
EXCESS OF THE CONTRACT PRICE. IN THE EVENT THAT ANY WARRANTY OR WARRANTY
REMEDY FAILS OF ITS ESSENTIAL PURPOSE, OR IS HELD TO BE INVALID OR UNENFORCE-
ABLE FOR ANY REASON, IN CONSIDERATION OF THE OTHER PROVISIONS OF THIS AGREE-
MENT, THE PARTIES AGREE THAT ALL LIABILITY LIMITATIONS WILL NEVERTHELESS RE-
MAIN IN EFFECT.
Governing Law. This Agreement shall be governed by the internal laws of the State of Wisconsin, without resort
to conflicts of law analysis.
Attorney fees, Collection Costs, and Indemnification. Buyer agrees to defend and indemnify Seller against any
claims, damages, or liability (including attorney fees) arising out of Buyer’s violation of any law or breach of its
obligations under this Agreement including, but not limited to, personal injury, death, or property damage. In
addition, Buyer shall reimburse Seller all reasonable attorney fees and collection costs incurred by Seller to enforce
its rights against Buyer under this Agreement.
Manuals and Brochures. Buyer shall communicate to Seller any special needs, pictorials, labels, warning signs,
instructions, or language required for the manuals and brochures used for the products. Buyer agrees to pay a
reasonable surcharge for additional manuals, special manuals, and brochures.
Severability. Any legally unenforceable provision may be severed from this Agreement, and the remaining terms
and conditions will be enforced as a whole as if such provision had not be inserted herein.
Waiver, Entire Agreement. No waiver by either party of a right under this Agreement shall waive any other rights.
These terms and conditions and any other writing signed by Seller constitute the entire agreement, and may not be
modified other than in writing signed by Seller.
DOMESTIC TERMS and
CONDITIONS