Revision 1
7
2021/10/01
outside the environmental specifications for the instrument, use by unauthorized or
untrained personnel or improper site maintenance or preparation.
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Products that have been altered or repaired by individuals other than Seller personnel or
its duly authorized representatives, unless the alteration or repair has been performed by
an authorized factory trained service technician in accordance with written procedures
supplied by Seller.
•
Products that have been subject to misuse, neglect, accident, or improper installation.
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The sole and exclusive warranty applicable to software and firmware products provided
by Seller for use with a processor internal or external to the Product will be as follows:
Seller warrants that such software and firmware will conform to Seller’s program manuals
or other publicly available documentation made available by Seller current at the time of
shipment to Buyer when properly installed on that processor, provided however that
Seller does not warrant the operation of the processor or software or firmware will be
uninterrupted or error-free.
The warranty herein applies only to Products within the agreed country of original end
destination. Products transferred outside the country of original end destination, either by the
Seller at the direction of the Buyer or by Buyer’s actions subsequent to delivery, may be
subject to additional charges prior to warranty repair or replacement of such Products based
on the actual location of such Products and Seller’s warranty and/or service surcharges for
such location(s).
Repaired Products
Repaired products are warranted for 90 days with the above exceptions.
Limitation of Remedy and Liability
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR ANY
LOSS OF USE OR PRODUCTION, OR ANY LOSS OF DATA, PROFITS OR REVENUES,
OR ANY CLAIMS RAISED BY CUSTOMERS OF BUYER OR ANY ENVIRONMENTAL
DAMAGE OR ANY FINES IMPOSED ON BUYER BY ANY GOVERNMENTAL OR
REGULATORY AUTHORITIES, WHETHER SUCH DAMAGES ARE DIRECT OR INDIRECT,
AND REGARDLESS OF THE FORM OF ACTION (WHETHER FOR BREACH OF
CONTRACT OR WARRANTY OR IN TORT OR STRICT LIABILITY) AND WHETHER
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT.