D006-000002
3
Limited Warranty and Liability Statement
To the original purchaser, Daisy Data Displays, Inc., hereinafter referred to collectively
as SELLER, warrants each of its manufactured products, and all components therein
contained to be free from defects in materials and/or workmanship for a period of 12
months from the date of purchase.
Should a malfunction or other indication of defect attributable directly to faulty materials
and/or workmanship occur, Seller will, at its option, and without charge to the customer
for labor and parts, repair or replace the defective product, F.O.B. Seller’s plant, but
Seller will not be responsible for freight from Purchaser to Seller’s plant. In no event
shall Seller be liable for any loss, inconvenience or damage, whether direct, incidental,
consequential or otherwise resulting from abuse, misapplication or modification of the
product, improper or faulty power, damage resulting from repairs or alterations
performed by unauthorized persons, or conditions resulting from any other equipment
attached to the product.
Seller assumes no liability for damage occurring in transit due to the product not being
returned in its original shipping material.
This warranty is exclusive and is in lieu of any warranty of merchantability or
fitness for a particular purpose or other warranty of quality whether expressed or
implied, except of title and against patent infringement.
Correction of
nonconformities, in the manner and for the period of time provided above, shall
constitute fulfillment of all liabilities of the Seller to the Purchaser with respect to, or
arising out of the goods, whether based on contract, negligence, strict tort or otherwise.
LIMITATION OF LIABILITY
: The Seller shall not under any circumstances be
liable for special or consequential damages, such as, but not limited to, damage or loss of
other property or equipment, loss of profits or revenues, cost of capital, cost of purchased
or replacement goods, or claims of customers of Purchaser for service interruptions. The
remedies of the Purchaser set forth herein are exclusive, and the liability of Seller respect
to any contract, or anything done in connection therewith such as the performance or
breach thereof, of from the manufacture, sale, delivery, resale, installation or use of any
goods covered by or furnished under this contract whether arising out of contract,
negligence, strict tort or breach of warranty or otherwise, shall not, except as expressly
provided herein, exceed the price of the goods upon which such liability is based.
This warranty gives you specific legal rights, and you may also have other rights, which
vary from state to state. Seller makes every effort to provide clear and accurate technical
information on the application of its products in the Operator's Manual, and assumes no
liability for misuse of the information.
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