ESPEC BTL-433, Инструкция по эксплуатации

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Criterion Series Benchtop User’s Manual
52
INDEMNIFICATION
: Buyer shall defend, indemnify
and hold seller harmless from and against all claims,
liabilities, losses, damages, settlement expenses,
and/or attorney’s fees, for injury or death of any
person and/or the damage or loss of any property
allegedly or actually resulting from or arising out of the
use or failure of the equipment unless such losses are
solely and completely the result of ESPEC’s
negligence. Without limiting the foregoing in any
respect, Buyer’s indemnification duty shall arise out of
any misuse of the equipment or any other negligent or
wrongful act or omission of the Buyer or its
employees, agents, and/or subcontractors, or any
person or entity who purchases or gains access to the
equipment through the Buyer whether or not ESPEC
or any other person or entity is jointly negligent in the
design, manufacture, instruction, training, provision of
warnings, selection, delivery, repair, maintenance,
possession, use, operation or return of the equipment.
DELIVERY/RISK OR LOSS
: The risk of loss with
respect to the goods to be sold will pass to the Buyer
at ESPEC’s plant upon the delivery of the goods
alongside the designated carrier; and all shipping
costs, losses, liabilities and damages and all
insurance and delivery obligations with respect to the
goods once delivered by ESPEC alongside the carrier
at ESPEC’s plant, are the Buyer’s risk and
responsibility, although ESPEC will give reasonable
assistance to the Buyer in tendering claims to the
carrier.
GOVERNING LAW
: Any offer made by ESPEC or
any contract entered into by ESPEC and the Buyer
shall be construed and interpreted only according to
the laws of the State of Michigan, U.S.A., including
without limitation, the Uniform Commercial Code as in
effect in the State of Michigan, U.S.A. In that regard,
Buyer and Seller specifically agree and acknowledge
that the provisions of the United Nations Convention
on Contracts for the International Sale of Goods shall
not apply to the rights and obligations of the parties
under the Contract.
VENUE
: The Buyer hereby agrees that any suit or
claim relating to the sale or operation of ESPEC’s
products shall be filed in the Michigan Circuit Court for
Kent County or in the Federal Court for the Western
District of Michigan.
Std/360/360 EFD 0897
0419/07 Rev. 1.02