LISST-Holo2
User’s Guide
55
12 Warranty
STATEMENT OF LIMITED WARRANTY AND LIABILITY
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 mon
ths 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
SEQUOIA's liability (whether in contract, tort, or otherwise; and notwithstanding any fault, negligence, strict liability or product
liability) with regard to any Product (including, but not limited to, any breach of or default by SEQUOIA) will in no event exceed
the purchase price paid by Customer to SEQUOIA for such Product. Further, SEQUOIA will not be liable for, or be in breach of
or default on account of, any delay or failure to perform as a result of any cause, condition or circumstance beyond SEQUOIA's
reasonable control.
8. Indemnification by Customer
Customer acknowledges that the Products are designed and manufactured for use in non-critical, monitoring situations. If
Customer chooses to purchase a Product or Products for use in applications that could result in damages in excess of the price
of the Product if the Product does not operate properly or otherwise fails, Customer acknowledges and agrees that it is
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