CTI Janus Programmable Automation Controller IOG
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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.
