ETS-Lindgren 8000-003, Руководство пользователя

Страница: 23 / 25

www.ets-lindgren.com Warranty 23
Within the contiguous 48 United States, warranty service performed during the
applicable warranty period will be performed without charge to Buyer 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.
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
regardless of the warranty period.
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 EXPENS
ES 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 Texas. 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, non-delivery,
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 by the Arbitrator may be entered in either the
Federal District Court for the Western District of Texas or the State District Court in
Austin, Texas, all of the parties hereto consenting to personal jurisdiction of the
venue of such court and hereby waive the right to demand a jury trial under any of
these actions.