Suricate – Iridium Optical Link Page | 5
Limitations of Liabilities
Gilat’s liability on any claim, of any kind, including negligence for any loss or damage arising from,
connected with, or resulting from the purchase order, contract, quotation, or from the performance or
breach thereof, or from the design, manufacture, sale, delivery, installation, inspection, operation or use
of any equipment covered by or furnished under this contact, shall in no case exceed the purchase price
of the device which gives rise to the claim.
EXCEPT AS EXPRESSLY PROVIDED HEREIN
,
GILAT MAKES NO WARRANTY
,
EXPRESSED OR IMPLIED
,
WITH RESPECT TO ANY
GOODS
,
PARTS AND SERVICES
PROVIDED IN CONNECTION WITH THIS AGREEMENT INCLUDING
,
BUT NOT LIMITED TO
,
THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE
.
GILAT SHALL NOT BE LIABLE FOR ANY
OTHER DAMAGE INCLUDING
,
BUT
NOT LIMITED TO
,
INDIRECT
,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN
CONNECTION WITH FURNISHING OF GOODS
,
PARTS AND SERVICE HEREUNDER
,
OR THE PERFORMANCE
,
USE OF
,
OR INABILITY
TO USE THE GOODS
,
PARTS AND
SERVICE
.
The Company's exclusive warranty and the remedy provided for breach there of shall not apply to:
1.
Any product used or operated other than pursuant to the Company's written instructions,
2.
Damage or deficiencies resulting from accident, alteration, modification, misuse, tampering,
negligence, improper maintenance, installation or abuse,
3.
Use of any product other than at the Installation Site,
4.
Use of any Product that is defective or damaged due to misuse, accident, or neglect, or due to
external electrical stress, lightning or other acts of nature,
5.
Use of any Product by a person who is not any authorized employee of the Customer, or
6.
Used other than as explicitly authorized in writing by the Company.
Reporting Defects
The units were inspected before shipment and found to be free of mechanical and electrical defects.
Examine the units for any damage which may have been caused in transit. If damage is discovered, file a
claim with the freight carrier immediately. Notify Gilat as soon as possible.
Note
:
Keep all packing material until you have completed the inspection.