Sequoia LISST-100X, Руководство пользователя

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LISST-100X User’s Guide 129
Warranty
STATEMENT OF LIMITED, EXTENDED WARRANTY
This Statement of Limited Warranty applies to all Sequoia Scientific, Inc. (“SEQUOIA”) products ("Products").
Any additional or different terms, including any terms in any purchase order, will be of no effect unless agreed
to in writing by an authorized representative of SEQUOIA as reflected in a written SEQUOIA quotation.
1. Limited Warranty
SEQUOIA warrants that upon delivery by SEQUOIA (a) the Products will be free from defects in materials and
workmanship, (b) the Products will perform substantially in accordance with SEQUOIA's applicable
specifications, and (c) any Products (or components or parts thereof) that are manufactured by SEQUOIA do
not infringe any U.S. patent or copyright.
2. Correction of Non-Compliance
If, during the twelve months after delivery (the “Warranty Period”), any Product does not comply with the
warranties set forth in 1(a) and 1(b) above, SEQUOIA will, at its option, either (a) repair the Product, (b)
replace the Product, or (c) refund the purchase price paid by Customer to SEQUOIA for the Product; provided
that Customer gives SEQUOIA written notice of the noncompliance within the Warranty Period and ships the
Product to SEQUOIA within one month after the end of the Warranty Period. As to any Product repaired or
replaced by SEQUOIA, the Warranty Period will end upon the later of the end of the original Warranty Period
or 90 days after SEQUOIA's delivery of the repaired or replacement Product to Customer. Any Product,
component, part or other item replaced by SEQUOIA becomes the property of SEQUOIA. SEQUOIA may use
refurbished components in the repair of Products supplied hereunder.
SEQUOIA's warranties shall be void and not apply if the Product has been subjected to misuse or alteration or
repaired by a party not approved by SEQUOIA or the serial number on a product (if applicable) has been
altered or defaced. SEQUOIA shall not be liable for normal wear and tear (such as replacement of
consumables), nor for defects or failure caused by maintenance, misuse, negligence or failure resulting from
non-compliance with SEQUOIA’s specifications, operating or maintenance manuals.
3. Infringement Indemnification
If any Product does not comply with the warranty set forth in 1(c) above, SEQUOIA will defend and indemnify
Customer against any third-party claim asserted in any proceeding against Customer based on this
noncompliance; provided that Customer gives SEQUOIA prompt written notice of the claim, SEQUOIA has
exclusive control over the defense and settlement of the claim, Customer provides such assistance as
SEQUOIA may request in connection with the defense and settlement of the claim (in which event SEQUOIA
will reimburse the reasonable out-of-pocket costs incurred by Customer to provide such assistance), Customer
does not settle the claim without the prior written consent of SEQUOIA and, upon SEQUOIA's request,
Customer returns the Non-Complying Product to SEQUOIA for modification, replacement or a refund of the
purchase price paid by Customer to SEQUOIA for the Non-Complying Product, less a reasonable allowance
for Customer's use prior to return.
4. Exclusive Warranties
THE WARRANTIES SET FORTH IN PARAGRAPH 1 ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED. SEQUOIA DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY
ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE) OTHER
THAN THOSE SPECIFICALLY SET FORTH IN PARAGRAPH 1.
5. Exclusive Remedies
CUSTOMER'S RIGHTS AND REMEDIES SET FORTH IN PARAGRAPHS 2 AND 3 ABOVE ARE EXCLUSIVE
AND IN LIEU OF ANY AND ALL OTHER RIGHTS AND REMEDIES FOR ANY BREACH OF OR OTHER
FAILURE TO COMPLY WITH ANY WARRANTY WITH REGARD TO ANY PRODUCT.
6. No Consequential Damages
SEQUOIA will not be liable for any indirect, incidental, special or consequential damages, any cover, or any
loss of revenue, profit, data or use.
7. Limitations of Liability