THE GS320 SYSTEM
OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE
OTHERWISE ARISING BY STATUTE OR OTHERWISE IN
LAW OR FROM A COURSE OF DEALING OR USAGE
OF TRADE, WHICH ARE EXPRESSLY DISCLAIMED. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
LSI OR ITS EMPLOYEES OR REPRESENTATIVES SHALL
CREATE A WARRANTY OR CONDITION OR IN ANY WAY
INCREASE THE SCOPE OF LSI’S OBLIGATIONS. LSI
DOES NOT WARRANT THAT THE BUSINESS RESULTS
OBTAINED FROM THE USE OF THE PRODUCTS WILL BE
APPROPRIATE OR ADEQUATE FOR THE PURCHASER.
6.4 Exclusion
This Limited Warranty does not cover and shall not apply to:
•
Any Product that is misused or abused, including being
altered, modified or repaired not in accordance with
LSI written instructions or authorizations or used not
in compliance with LSI’s instructions and/or industry
standards and practices;
•
Any incidental costs or expense, such as shipping
charges to LSI or an designated service representative
as well as the technician out-of-pocket expenses
including traveling, lodging and meal expenses, if
any; The damages caused during the transport or the
moving of the Product;
•
Damages caused by accidents, abuse, misuse, a
force majeure (described as events outside a LSI’s or
any Product user’s control, including war, riot, strikes,
embargoes) or external cause;
•
Any cost, damage or expenses for field labor or
any other expenses related to or arising from the
replacement of defective parts.
•
Products used for pile-driving, wire rope activated
clamshell or dragline applications. If purchaser uses the
Products for pile-driving, wire rope activated clamshell
or dragline application, the Limited Warranty will be
deemed to have been violated for abuse.
•
Any costs associated with providing LSI with data
logging equipment.
6.5 Limitation of Liability
To the maximum extent permitted by applicable law, in no
event will LSI be liable to the purchaser or any third party for
any indirect, special, consequential, incidental or exemplary
damages whatsoever, including but not limited to loss of
revenue or profit, lost or damaged data, business interruption
or any other pecuniary loss whether based on contract, tort
or other causes of action, even if LSI has been advised of the
possibility of such damages. In any event, the total liability
of LSI arising from any cause of action or claim whatsoever,
whether (1) in contract, (2) in tort (including negligence,
whether sole, joint, contributory, concurrent or otherwise, but
not including intentional, reckless or wanton tort), (3) under
strict liability, (4) under any environmental or antipollution
law or regulation, (5) connected with any toxic or hazardous
substance or constituent, (6) arising out of any representation
or instruction, or under any warranty, (7) or otherwise,
arising out of, connected with, or resulting from the design,
manufacture, sale, resale, delivery, repair, replacement or use
of Products or the furnishing of any service shall in no event
exceed the price allocable to and paid to LSI for the individual
unit of Products or service or part thereof which gives rise to
the cause of action or claim.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6.6 Recommended Practices
LSI recommends careful consideration of the following factors
when specifying and installing the Products. Before installing
a Product, the Installation, Operation, and Maintenance
instructions provided with the unit must be read and
understood and complied with.
6.7 Choice of Law
This Limited Warranty shall be governed by and construed in
accordance with:
- the laws of the Province of Quebec, Canada for products
sold by LSI in Quebec;
- the laws of the Province of Ontario, Canada for products sold
by LSI in Ontario and anywhere else in Canada; and
- the laws of the State of New York for products sold by LSI
anywhere in the United States of America or anywhere else,
excluding Canada.
6.8 Entire Agreement
This document contains the entire agreement of the parties
regarding the subject matter of the Product and supersedes
all previous communications, representations, understandings
and agreements, either oral or written, between you and LSI.
6.9 Vienna Convention Excluded
The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Limited
Warranty.
SkyAzúl, Equipment Solutions
13
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