CTI 2500-C100, Инструкция по установке и эксплуатации

Страница: 112 / 113

CTI 2500 Installation and Operation Guide V2.8 112
OR FOR ANY OTHER FORM OF INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND. CTI'S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL
OTHER CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY
INDEMNITY, WHETHER OR NOT INSURED, WILL NOT EXCEED THE COST OF THE
PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY. CTI DISCLAIMS ALL
LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED
BY, BUT NOT REQUIRED OF CTI HEREUNDER. ANY ACTION AGAINST CTI MUST BE
BROUGHT WITHIN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION
ACCRUES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY
REGARDLESS OF ANY OTHER CONTRARY PROVISION HEREOF AND REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND FURTHER WILL EXTEND
TO THE BENEFIT OF CTI'S VENDORS, APPOINTED DISTRIBUTORS AND OTHER
AUTHORIZED RESELLERS AS THIRD-PARTY BENEFICIARIES. EACH PROVISION
HEREOF WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF
WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND
INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED AS SUCH.
7. Adequate Remedy. The customer is limited to the remedies specified herein and shall
have no others for a nonconformity in the Product. The customer agrees that these
remedies provide the customer with a minimum adequate remedy and are its exclusive
remedies, whether based on contract, warranty, tort (including negligence), strict liability,
indemnity, or any other legal theory, and whether arising out of warranties, representations,
instructions, installations, or non-conformities from any cause. The customer further
acknowledges that the purchase price of the Product reflects these warranty terms and
remedies.
8. Force Majeure. CTI will not be liable for any loss, damage or delay arising out of its failure
(or that of its subcontractors) to perform hereunder due to causes beyond its reasonable
control, including without limitation, acts of God, acts or omissions of the customer, acts of
civil or military authority, fires, strikes, floods, epidemics, quarantine restrictions, war, riots,
acts of terrorism, delays in transportation, or transportation embargoes. In the event of such
delay, CTI's performance date(s) will be extended for such length of time as may be
reasonably necessary to compensate for the delay.
9. Governing Law. The laws of the State of Tennessee shall govern the validity,
interpretation and enforcement of this warranty, without regard to its conflicts of law
principles. The application of the United Nations Convention on Contracts for the
International Sale of Goods shall be excluded.