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2. Limits of Warranties.
a. MELCO does not warrant or guarantee the design, specify, manufacture, construction or
installation of the materials, construction criteria, functionality, use, properties or other
characteristics of the equipment, systems, or production lines into which the Products may
be incorporated, including any safety, fail-safe and shut down systems using the Products.
b. MELCO is not responsible for determining the suitability of the Products for their intended
purpose and use, including determining if the Products provide appropriate safety margins
and redundancies for the applications, equipment or systems into which they are
incorporated.
c. Customer acknowledges that qualified and experienced personnel are required to
determine the suitability, application, design, construction and proper installation and
integration of the Products. MELCO does not supply such personnel.
d. MELCO is not responsible for designing and conducting tests to determine that the
Product functions appropriately and meets application standards and requirements as
installed or incorporated into the end-user's equipment, production lines or systems.
e. MELCO does not warrant any Product:
(1) repaired or altered by persons other than MELCO or its authorized engineers or FA
Centers;
(2) subjected to negligence, carelessness, accident, misuse, or damage;
(3) improperly stored, handled, installed or maintained;
(4) integrated or used in connection with improperly designed, incompatible or defective
hardware or software;
(5) that fails because consumable parts were not tested, serviced or replaced;
(6) exchange of a consumable part such as batteries, backlights, or fuses;
(7) operated or used with equipment, production lines or systems that do not meet
applicable and commensurate legal, safety and industry-accepted standards;
(8) operated or used in abnormal applications;
(9) installed, operated or used in contravention of instructions, precautions or warnings
contained in MELCO's user, instruction and/or safety manuals, technical bulletins and
guidelines for the Products;
(10)used with obsolete technologies or technologies not fully tested and widely accepted
and in use at the time of the Product's manufacture;
(11)subjected to excessive heat or moisture, abnormal voltages, shock, excessive
vibration, physical damage or other improper environment; or
(12)damaged or malfunctioning due to Acts of God, fires, acts of vandals, criminals or
terrorists, communication or power failures, or any other cause or failure that results
from circumstances beyond MELCO's control.
f. All Product information and specifications contained on MELCO's website and in catalogs,
manuals, or technical information materials provided by MELCO are subject to change
without prior notice.
g. The Product information and statements contained on MELCO's website and in catalogs,
manuals, technical bulletins or other materials provided by MELCO are provided as a
guide for Customer's use. They do not constitute warranties and are not incorporated in
the contract of sale for the Products.
h. These terms and conditions constitute the entire agreement between Customer and
MELCO with respect to warranties, remedies and damages and supersede any other
understandings, whether written or oral, between the parties. Customer expressly
acknowledges that any representations or statements made by MELCO or others
concerning the Products outside these terms are not part of the basis of the bargain
between the parties and are not factored into the pricing of the Products.
i. THE WARRANTIES AND REMEDIES SET FORTH IN THESE TERMS ARE THE
EXCLUSIVE AND ONLY WARRANTIES AND REMEDIES THAT APPLY TO THE
PRODUCTS.
j. MELCO DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
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