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IOM CLUSTER BAR MANUAL
964000.5.0
The technical data and images which appear in this manual are for informational purposes only.
NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE CREATED BY THE DESCRIPTIONS AND DEPICTIONS OF THE
PRODUCTS SHOWN IN THIS MANUAL
. Conductix makes no warranty (and assumes no liability) as to function of equipment or operation of systems
built according to customer design or of the ability of any of its products to interface, operate or function with any portions of customer systems not
provided by Conductix.
Seller agrees to repair or exchange the goods sold hereunder necessitated by reason of defective workmanship and material discovered and reported to
Seller within one year after shipment of such goods to Buyer.
Except where the nature of the defect is such that it is appropriate, in Seller’s judgment, to effect repairs on site, Seller’s obligation hereunder to remedy
defects shall be limited to repairing or replacing (at Seller’s option) FOB point of original shipment by Seller, any part returned to Seller at the risk and cost
of Buyer. Defective parts replaced by Seller shall become the property of Seller.
Seller shall only be obligated to make such repair or replacement if the goods have been used by Buyer only in service recommended by Seller and
altered only as authorized by Seller. Seller is not responsible for defects which arise from improper installation, neglect, or improper use or from normal
wear and tear.
Additionally, Seller’s obligation shall be limited by the manufacturer’s warranty (and is not further warranted by Seller) for all parts procured from others
according to published data, specifications or performance information not designed by or for Seller.
Seller further agrees to replace or at Seller’s option to provide a refund of the sales price of any goods that do not conform to applicable specifications or
which differ from that agreed to be supplied which non-conformity is discovered and forthwith reported to Seller within thirty (30) days after shipment to
the Buyer. Seller’s obligation to replace or refund the purchase price for non-conforming goods shall arise once Buyer returns such goods FOB point of
original shipment by Seller at the risk and cost of Buyer. Goods replaced by Seller shall become the property of Seller.
There is no guarantee or warranty as to anything made or sold by Seller, or any services performed, except as to title and freedom from encumbrances
and, except as herein expressly stated and particularly, and without limiting the foregoing,
there is no guarantee or warranty, express or implied, of
merchantability or of fitness for any particular purpose or against claim of infringement or the like.
Seller makes no warranty (and assumes no liability) as to function of equipment or operation of systems built to Buyer’s design or of the ability of any
goods to interface, operate or function with any portions of Buyer’s system not provided by Seller.
Seller’s liability on any claim, whether in contract, tort (including negligence), or otherwise, for any loss or damage arising out of, connected with, or
resulting from the manufacture, sale, delivery, resale, repair, replacement or use of any products or services shall in no case exceed the price paid
for the product or services or any part thereof which give rise to the claim. In no event shall Seller be liable for consequential, special, incidental or
other damages, nor shall Seller be liable in respect of personal injury or damage to property not the subject matter hereof unless attributable to gross
misconduct of Seller, which shall mean an act or omission by Seller demonstrating reckless disregard of the foreseeable consequences thereof.
Seller is not responsible for incorrect choice of models or where products are used in excess of their rated and recommended capacities and design
functions or under abnormal conditions. Seller assumes no liability for loss of time, damage or injuries to property or persons resulting from the use of
Seller’s products. Buyer shall hold Seller harmless from all liability, claims, suits and expenses in connection with loss or damage resulting from operation
of products or utilization of services, respectively, of Seller and shall defend any suit or action which might arise there from in Buyer’s name - provided
that Seller shall have the right to elect to defend any such suit or action for the account of Buyer. The foregoing shall be the exclusive remedies of the
Buyer and all persons and entitles claiming through the Buyer.
Conductix Incorporated
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