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3.5 Responsibility for loss or damage does not transfer to SCADAmetrics until the returned product or part is received at a
designated SCADAmetrics facility.
3.6 Once a component has been visually inspected and tested, SCADAmetrics will, at its sole discretion, repair or replace,
using new or reconditioned product or parts, to whatever extent it deems necessary to restore the product or part to operating
condition.
3.7 SCADAmetrics shall not be liable for any damages caused by delay in delivering or furnishing repaired or replaced
product or part.
4.0 LIMITATIONS:
4.1 THIRD-PARTY SOFTWARE: This SCADAmetrics product may include or be bundled with third-party software unrelated
to the EtherMeter, the use of which is governed by separate end-user license agreements provided by third-party software
vendors. This SCADAmetrics Limited Warranty does not apply to such third-party software. For the applicable warranty
refer to the end-user license agreement governing the use of such software.
4.2 DAMAGE DUE TO MISUSE, NEGLECT, NON-
COMPLIANCE, AND/OR “ACTS OF GOD”: To the extent permitted by
applicable law, this SCADAmetrics Limited Warranty does not apply to normal wear and tear; damage or loss of data due
to interoperability with third-party software/hardware not supplied by SCADAmetrics; alterations (by persons other than
SCADAmetrics or its designees); damage caused by operator error or non-compliance with instructions as set out in the
user documentation or other accompanying documentation; damage caused by acts of nature such as lightning, storms,
floods, fires, and earthquakes, etc., damage or loss of data caused by a computer virus, worm, Trojan horse, or memory
content corruption; failures of the product which result from accident, abuse, misuse (including but not limited to connection
to incorrect voltages, and power points); failures caused by products not supplied by SCADAmetrics; damage caused by
high voltage surges, shipping, or abnormal working conditions.
4.3 THE DEVICE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR
OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY,
PROPERTY DAMAGE, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. TO THE FULL EXTENT ALLOWED
BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION,
AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SCADAMETRICS NEITHER ASSUMES
NOR AUTHORISES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE
SALE, INSTALLATION, MAINTENANCE, WARRANTY, OR USE OF ITS PRODUCTS.
4.4 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, SCADAMETRICS ALSO EXCLUDES FOR
ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING
NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND,
OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER
FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE,
PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF SCADAMETRICS OR ITS
AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS
LIABILITY TO REPAIR OR REPLACEMENT AT
SCADAMETRICS’ OPTION. THIS DISCLAIMER OF LIABILITY FOR
DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL
PURPOSE.
5.0 DISCLAIMER:
Some countries, states, territories or provinces do not allow the exclusion or limitation of implied warranties or the limitation
of incidental or consequential damages for certain products supplied to consumers, or the limitation of liability for personal
injury, so the above limitations and exclusions may be limited in their application to CUSTOMER. When the implied
warranties are not allowed by law to be excluded in their entirety, they will be limited to the TWO (2) YEAR duration of this
written warranty. This warranty gives CUSTOMER specific legal rights, which may vary depending on local law.
6.0 GOVERNING LAW:
This Limited Warranty shall be governed by the laws of the State of Missouri, U.S.A. excluding its conflicts of laws principles
and excluding the United Nations Convention on Contracts for the International Sale of Goods.
SCADAmetrics
1133 POND ROAD
WILDWOOD, MO 63038 USA
Содержание EtherMeter EM-100
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