LISST - 25 User’s Guide
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Appendix C: Warranty
STATEMENT OF LIMITED, EXTENDED WARRANTY
This Statement of Limited, Extended Warranty applies to the products ("Products") being purchased by
_________________________________ ("Customer") from Sequoia Scientific, Inc. ("SEQUOIA") pursuant to PO ______
_ (the "Order"). The Products include, but are not necessarily limited to, the following:
LISST-25X
Serial Number #
SEQUOIA and Customer agree as follows:
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-Compliances
If 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 one (1) year after SEQUOIA's delivery of the Product (as the
same may be extended for repaired or replacement Products as provided for herein, the "Warranty Period"). If Customer does not
give SEQUOIA such written notice within the Warranty Period, then such warranties will be satisfied in full. Customer will
cooperate with SEQUOIA's efforts to repair or replace any noncomplying Product. Without limiting the generality of the foregoing,
Customer will comply with SEQUOIA's request for return of any such Product to SEQUOIA (in which event SEQUOIA will pay for
round-trip shipment within the United States) or for access to accomplish the repair or replacement on Customer's premises. As to
any Product repaired or replaced by SEQUOIA, the Warranty Period will end upon the later of one (1) year after SEQUOIA's
delivery of the original Product or 90 days after SEQUOIA's delivery of the repaired or replacement Product. Any Product,
component, part or other item replaced by SEQUOIA becomes the property of SEQUOIA.
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.
