Amada TC-W100A, Руководство по эксплуатации

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TC-W100A - THERMOCOUPLE WELDER
990-070 ix
(c) All patents, trademarks, copyrights or other intellectual property rights embodied in the Goods, including without limitation the Software, are owned
by Seller and its licensors. Seller and its licensors retain all right, title and interest in such intellectual property rights. Except as expressly set forth herein,
no license rights or ownership in or to any of the foregoing is granted or transferred hereunder, either directly or by implication. ALL RIGHTS RESERVED.
(d) If Buyer is the United States Government or any agency thereof, each of the components of the Software and user documentation are a “commercial
item,” and “computer software” as those terms are defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer
software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all
United States government Buyers acquire only those rights in the Software and user documentation that are specified in this Agreement.
11. Installation and Other Services. Seller shall provide installation services (“ Installation Services ”) to Buyer if set forth in the Acknowledgment. If
Installation Services are provided for in the Acknowledgement, Buyer will prepare the location for the installation consistent with Buyer’s written
specifications and Buyer will install necessary system cable and assemble any necessary equipment or hardware not provided by Seller, unless agreed
otherwise in writing by the parties. For Goods that will be operated on or in connection with Buyer supplied hardware or software, Buyer is responsible for
ensuring that its hardware and software conform with Seller minimum hardware and software requirements as made available to Buyer. Seller shall
provide other field services, such as maintenance visits and field repairs (the “ Other Services ” and together with the Installation Services, the “ Services ”) if
set forth in the Acknowledgement.
12. Limited Warranty.
(a) Subject to the exceptions and upon the conditions set forth herein, Seller warrants to Buyer that for a period of one (1) year from the date of shipment
(“ Warranty Period ”), that such Goods will be free from material defects in material and workmanship.
(b) Notwithstanding the foregoing and anything herein to the contrary, the warranty set forth in this Section 12 shall be superseded and replaced in its
entirety with the warranty set forth on
Exhibit A
hereto if the Goods being purchased are specialty products, which include, without limitation, laser
products, fiber markers, custom systems, workstations, Seller-installed products, non-catalogue products and other custom-made items (each a “ Specialty
Product ”).
(c) EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 12(A), SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS (INCLUDING
ANY SOFTWARE) OR SERVICES, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c)
WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR
IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
(d) Products manufactured by a third party and third party software (“ Third Party Product ”) may constitute, contain, be contained in, incorporated into,
attached to or packaged together with, the Goods. Third Party Products are not covered by the warranty in Section 12(a). For the avoidance of doubt,
SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF
MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE OF TRADE OR OTHERWISE. Notwithstanding the foregoing, in the event of the failure of any Third Party Product, Seller will assist (within reason)
Buyer (at Buyer’s sole expense) in obtaining, from the respective third party, any (if any) adjustment that is available under such third party’s warranty.
(e) Seller shall not be liable for a breach of the warranty set forth in Section 12(a) unless: (i) Buyer gives written notice of the defect, reasonably described,
to Seller within five (5) days of the time when Buyer discovers or ought to have discovered the defect and such notice is received by Seller during the
Warranty Period; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods; (iii) Buyer (if requested to do so by Seller)
returns such Goods (prepaid and insured to Seller at 1820 South Myrtle Avenue, Monrovia, CA 91016or to such other location as designated in writing by
Seller) to Seller pursuant to Seller’s RMA procedures and Buyer obtains a RMA number from Seller prior to returning such Goods for the examination to
take place; and (iii) Seller reasonably verifies Buyer’s claim that the Goods are defective and that the defect developed under normal and proper use.
(f) Seller shall not be liable for a breach of the warranty set forth in Section 12(a) if: (i) Buyer makes any further use of such Goods after giving such notice;
(ii) the defect arises because Buyer failed to follow Seller’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of
the Goods; (iii) Buyer alters or repairs such Goods without the prior written consent of Seller; or (iv) repairs or modifications are made by persons other
than Seller’s own service personnel, or an authorized representative’s personnel, unless such repairs are made with the written consent of Seller in
accordance with procedures outlined by Seller.
(g) All expendables such as electrodes are warranted only for defect in material and workmanship which are apparent upon receipt by Buyer. The
foregoing warranty is negated after the initial use.
(h) Subject to Section 12(e) and Section 12(f) above, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either:
(i) repair or replace such Goods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate, provided that, if Seller
so requests, Buyer shall, at Buyer’s expense, return such Goods to Seller.
(i)
THE REMEDIES SET FORTH IN SECTION 12(H) SHALL BE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF
THE LIMITED WARRANTY SET FORTH IN SECTION 12(A). Representations and warranties made by any person, including representatives of Seller, which
are inconsistent or in conflict with the terms of this warranty, as set forth above, shall not be binding upon Seller.
13. Limitation of Liability.
(a) IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST
PROFITS OR REVENUES OR DIMINUTION IN VALUE, LOSS OF INFORMATION OR DATA, OR PERSONAL INJURY OR DEATH ARISING IN ANY WAY OUT OF
THE MANUFACTURE, SALE, USE, OR INABILITY TO USE ANY GOODS, SOFTWARE OR SERVICE, ORARISING OUT OF OR RELATING TO ANY BREACH OF
THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN
REASONABLY FORESEEN BY BUYER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.