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Warranty
Industrial Scientific Corporation’s TGX™ Gateways are warranted to be free from defects in material and
workmanship under normal and proper use and service for twenty-four (24) months from date of shipment.
Industrial Scientific warrants that it will provide a cellular and satellite data plan for the life of the Gateway,
for a minimum of two years from time of purchase provided the customer maintains an active iNet® Now
account during that time; however, Industrial Scientific reserves the right to terminate any cellular or
satellite data plan, at its sole discretion, in the case of misuse by Buyer, including but not limited to using
data for purposes other than those described in this user manual and using data in regions outside of those
originally purchased.
Limitation of liability
THE WARRANTY SET FORTH ABOVE IS STRICTLY LIMITED TO ITS TERMS AND IS IN LIEU OF ALL
OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW,
COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. INDUSTRIAL SCIENTIFIC MAKES NO
OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. SHOULD THE
PRODUCT FAIL TO CONFORM TO THE ABOVE WARRANTY, BUYER’S ONLY REMEDY AND
INDUSTRIAL SCIEN
TIFIC’S ONLY OBLIGATION SHALL BE, AT INDUSTRIAL SCIENTIFIC’S SOLE
OPTION, REPLACEMENT OR REPAIR OF SUCH NON-CONFORMING GOODS OR REFUND OF THE
ORIGINAL PURCHASE PRICE OF THE NONCONFORMING GOODS. IN NO EVENT WILL INDUSTRIAL
SCIENTIFIC BE LIABLE FOR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
OTHER SIMILAR DAMAGES, INCLUDING LOSS OF PROFIT OR LOSS OF USE, ARISING OUT OF THE
SALE, MANUFACTURE OR USE OF ANY PRODUCTS SOLD HEREUNDER WHETHER SUCH CLAIM IS
PLEADED IN CONTRACT OR IN TORT, INCLUDING STRICT LIABILITY IN TORT AND WHETHER
INDUSTRIAL SCIENTIFIC HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES. Industrial
Scientific’s total liability hereunder from any cause whatsoever (except liability from personal injury caused
by Industrial Scientific’s
negligence), whether arising under contract, warranty, tort (including negligence),
strict liability, products liability or any other theory of liability, will be limited to the lesser of Buyer’s actual
damages or the price paid to Industrial Scientific fo
r the Products that are the subject of Buyer’s claim. All
claims against Industrial Scientific must be brought within one year after the cause of action arises, and
Buyer expressly waives any longer statute of limitations. It shall be an express condition to Industrial
Scientific’s warranty that all products be carefully inspected for damage by Buyer upon receipt, be properly
calibrated for Buyer’s particular use, and be used, repaired, and maintained in strict accordance with the
instructions set forth in
Industrial Scientific’s product literature. Repair or maintenance by non
-qualified
personnel will invalidate the warranty, as will the use of non-approved consumables or spare parts. As with
any other sophisticated product, it is essential and a condition
of Industrial Scientific’s warranty that all
personnel using the products be fully acquainted with their use, capabilities and limitations as set forth in
the applicable product literature. Buyer acknowledges that it alone has determined the intended purpose
and suitability of the goods purchased. It is expressly agreed by the parties that any technical or other
advice given by Industrial Scientific with respect to the use of the goods or services is given without charge
and at Buyer’s risk; therefore, Ind
ustrial Scientific assumes no obligations or liability for the advice given or
results obtained.
