MAN-230000-00 REV B
61
If a “component” or “components” failed due to any cause that the limited warranty does
not cover, the owner (Dealer) will be informed of the charges of the repairs before any
repairs are performed. If the repairs are approved, PD will repair said product with “new”
or “reconditioned to new” parts at PD’s discretion. Outbound freight from PD will be the
responsibility or the owner (Dealer).
2.
The occurrence of any of the following events or actions shall render this Product Limited Warranty
void:
a.
Improper installation of the Product;
b.
Use of the Product for a purpose other than its intended purpose;
c.
Failure to follow PD’s instructions concerning proper installation or use of the Product;
d.
The negligence of a person or entity other than PD in the installation or use of the Product;
and
e.
Repair or modifications of the Product by any party other than PD or one of its authorized
agents.
3.
PD MAKES NO OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR
IMPLIED OR OF ANY NATURE, WITH REGARD TO THE PRODUCT, INCLUDING, WITHOUT
LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE
REMEDY SET FORTH IN THIS POWERCHARGE LIMITED WARRANTY IS THE EXCLUSIVE
REMEDY FOR ANY BREACH OF WARRANTY.
4.
PD SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, ANY LOST PROFITS AND LOST SAVINGS, LOSS OF USE OR
INTERRUPTION OF BUSINESS, HOWEVER CAUSED, WHETHER ARISING IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY OR
OTHERWISE, EVEN IF PD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL PD BE LIABLE FOR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS.
5.
PD will defend, indemnify, and hold Buyer harmless from and against any claim, demand, or cause of
action (including expenses, costs and damages related to the same) (each a “Claim”) in an amount not
to exceed the Aggregate Limit brought against Buyer by any third party to the extent the Claim is
based on the allegation that the Products infringe or violate the intellectual property rights of any third
party, provided that (1) Buyer promptly notifies PD in writing of any Claim within 10days after Buyer-
becomes aware of any such Claim or the potential that a third party may assert such a Claim; (2) PD
has sole control of the defense and all related settlement negotiations; and (3) on PD’s request, Buyer
reasonably cooperates with and assists PD in the defense of any such Claim or potential Claim. As
used above, the term “Aggregate Limit” means the aggregate dollar amount of the Products bought by
the Buyer within the previous 12 month period prior to the date the Buyer notified PD of the Claim.
Notwithstanding the above, PD shall have not any obligation to indemnify Buyer hereunder (a) for any
settlement of the Claim made by Buyer without PD’ written permission, or (b) if, to the extent, such
Claim is based on, in whole or in part, the alteration of the Products not approved by PD or the
combination, operation, or use of the Products with devices, materials, parts, or software and
documentation not supplied by PD, or (c) any use of the Product which is not customary or in
compliance with PD’s designs, specifications, instructions, User’s Guide, or these terms and
conditions. This states PD’s total responsibilities, liabilities and remedies to Buyer for any actual or
alleged infringement of any intellectual property rights of any third party.
6.
This Product Limited Warranty may be assigned to any end-user of the Product by Distributor in
connection with sale of the Product by Distributor to such end-user, but may not be transferred or
assigned by any end user or other entity or person.
