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inadequate maintenance by Buyer, software or interfaces supplied by Buyer,
operation outside the environmental specifications for the instrument, use by
unauthorized or untrained personnel or improper site maintenance or preparation.
•
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.
•
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.
