SEON Explorer DX-HD, Руководство пользователя

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Seon Design Inc.® Product Warranty
W–2 700-0190 R003
(g) if the product has been operated outside of the specified Operating Environment specified in the Seon User’s Manual for such product, or
(h) to cover any costs incurred by the customer for the removal of defective cameras or components or of non-defective cameras or
components, or for the installation of repaired cameras or components or for the reinstallation of non-defective cameras or components,
all of which are for the account of the customer.
Disclaimer
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, GUARANTEES AND
CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AND WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, SEON EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY, DURABILITY
OR FITNESS FOR PURPOSE AND ANY WARRANTIES OR MODIFIED WARRANTIES ARISING FROM USAGE OF TRADE OR
COURSE OF DEALING.
Any description of the goods or services, whether in writing or made orally by Seon or Seon’s agents, specifications, samples, models, bulletins,
drawings, diagrams, engineering sheets or similar materials used in connection with customer’s order are for the sole purpose of identifying the
goods and/or services and shall not be construed as an express warranty. Any suggestions by Seon or Seon’s agents regarding use, applications or
suitability of the goods and/or services shall not be construed as an express warranty unless confirmed to be such in writing by Seon.
Purchaser assumes full responsibility for selecting products to achieve purchaser’s intended purposes, for properly installing and using those
products, and for verifying the results obtained therefrom.
PURCHASER’S EXCLUSIVE REMEDY AND SEON’S ENTIRE LIABILITY ARISING FROM OR IN CONNECTION WITH
PURCHASER’S USE OF THE PRODUCTS AND/OR THIS AGREEMENT SHALL BE REPAIR OR REPLACEMENT OF DEFECTIVE
PRODUCTS, OR REFUND OR CREDIT OF THE PURCHASE PRICE OF THE PRODUCTS AS SET FORTH ABOVE. SEON SHALL NOT
BE SUBJECT TO AND DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT
OR OF WARRANTY; (B) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE, AND
STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO GOODS SOLD OR SERVICES RENDERED
BY SEON, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO; AND (C) ALL CONSEQUENTIAL, INCIDENTAL,
SPECIAL AND CONTINGENT DAMAGES WHATSOEVER, EVEN IF SEON HAS BEEN SPECIFICALLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, Seon specifically disclaims any liability for property or personal injury damages, penalties,
special or punitive damages, damages for lost profits or revenues, loss of use of goods or any associated equipment, cost of capital, cost of
substitute goods, facilities or services, down-time, shut-down or slow-down costs, or for any other types of economic loss, and for claims of
customer’s customers or any third party for any such damages. Some jurisdictions do not allow limitation or exclusion of incidental or
consequential damages, so this limitation or exclusion may not apply to purchaser. In no event shall Seon’s total liability for any damages to
purchaser or any other person in connection with the products or this agreement exceed the lower of the suggested list price or the actual price paid
for the products, regardless of whether such liability arises from contract, tort, warranty or any other form of claim. If any provision of this
agreement is found to be void, invalid, or unenforceable, that finding shall not affect the remaining provisions, all of which shall be enforced to the
full extent permitted by law. If any remedy hereunder is determined to have failed of its essential purpose, the limitations of liability and exclusion
of damages set forth above shall remain in full force and effect. This agreement may be modified only by a writing signed by a duly authorized
representative of Seon.
Provisions Applicable to American Customers
For those customers whose mailing address is in the United States, Seon’s offer and any agreement of sale resulting therefrom shall be governed by
and construed in accordance with the internal and domestic laws of the State of WASHINGTON without giving effect to the conflict of laws rules
thereof. The Superior Court of Washington for Whatcom County and U.S. District Court for the Western District of Washington (the “U.S. Closed
Courts”) shall have exclusive jurisdiction to entertain and determine all disputes and claims, whether for specific performance, injunction,
declaration or otherwise arising out of or in any way connected with the construction, breach, or alleged, threatened or anticipated breach of the
contract resulting from this offer and shall have jurisdiction to hear and determine all questions as to the validity, existence or enforceability
thereof. Customer specifically consents to such Court’s exercise of jurisdiction over it. The purchaser attorns to the exclusive jurisdictions of the
jurisdiction of the U.S. Closed Courts, waives any obligation to venue in any action or proceeding regarding Seon Products and waives any
objection that the U.S. Closed Courts are an inconvenient forum or do not have jurisdiction over the purchaser of Seon. The United Nations
Convention On Contracts For The International Sale Of Goods shall not apply.
Provisions Applicable to Canadian Customers
For those customers whose mailing address is in Canada, Seon’s offer and any agreement of sale resulting therefrom shall be governed by and
construed in accordance with the internal and domestic laws of the Province of BRITISH COLUMBIA and the laws of Canada applicable therein
without giving effect to the conflict of laws rules thereof. The courts of British Columbia (the “Canadian Closed Courts”) shall have exclusive
jurisdiction to entertain and determine all disputes and claims, whether for specific performance, injunction, declaration or otherwise arising out of
or in any way connected with the construction, breach, or alleged, threatened or anticipated breach of the contract resulting from this offer and shall
have jurisdiction to hear and determine all questions as to the validity, existence or enforceability thereof. The purchaser attorns to the exclusive
jurisdictions of the jurisdiction of the Canadian Closed Courts, waives any obligation to venue in any action or proceeding regarding Seon Products
and waives any objection that the Canadian Closed Courts are an inconvenient forum or do not have jurisdiction over the purchaser of Seon. The
United Nations Convention On Contracts For The International Sale Of Goods shall not apply.