Model 2090 Multi-Device Controller
Buyer’s Remedies
If Seller determines that any product fails to meet any warranty during the
applicable warranty period, Seller shall correct any such failure by either, at
its option, repairing, adjusting, or replacing without charge to Buyer any
defective or nonconforming product, or part or parts of the product. Seller
shall have the option to furnish either new or exchange replacement parts or
assemblies.
Warranty service during the applicable warranty period will be performed
without charge to Buyer within the contiguous 48 United States during
Seller’s normal business hours. After the warranty period, service will be
performed at Seller’s prevailing service rates. Subject to the availability of
personnel, after-hours service is available upon request at an additional
charge. For service outside the contiguous 48 United States, travel and per
diem expenses, when required, shall be the responsibility of the Buyer, or
End User, whichever is applicable.
The remedies set forth herein are conditioned upon Buyer promptly
notifying Seller within the applicable warranty period of any defect or non-
conformance and making the product available for correction.
The preceding paragraphs set forth Buyer’s exclusive remedies and Seller’s
sole liability for claims based on failure of the products to meet any
warranty, whether the claim is in contract, warranty, tort (including
negligence and strict liability) or otherwise, and however instituted, and,
upon the expiration of the applicable warranty period, all such liability shall
terminate. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER
FOR ANY SPECIAL INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF, OR AS A RESULT OF,
THE SALE, DELIVERY, NON-DELIVERY, SERVICING,
ASSEMBLING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY
PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY
NATURE INCURRED WITHOUT SELLER’S WRITTEN CONSENT
DESPITE ANY NEGLIGENCE ON BEHALF OF THE SELLER. IN NO
EVENT SHALL SELLER’S LIABILITIES UNDER ANY CLAIM MADE
BY BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCT IN
RESPECT OF WHICH DAMAGES ARE CLAIMED. This agreement
shall be construed in accordance with laws of the State of Illinois. In the
event that any provision hereof shall violate any applicable statute,
ordinance, or rule of law, such provision shall be ineffective to the extent of
such violation without invalidating any other provision hereof.
Any controversy or claim arising out of or relating to the sale, delivery,
nondelivery, servicing, assembling, use or loss of use of the products or any
part thereof or for any charges or expenses in connection therewith shall be
settled in Austin, Texas by arbitration in accordance with the Rules of the
American Arbitration Association, and judgment upon the award rendered
©ETS-Lindgren, April 2006
169
Revision G– P#399199
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