Sequoia LISST-SL, Руководство по эксплуатации

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LISST-SL V2.1
User’s Guide
49
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 under the Order 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 under the Order on account of, any delay
or failure to perform as a result of any cause, condition or circumstance beyond
SEQUOIA's reasonable control.
8. Statute of Limitations
Customer will not commence any action based on breach of warranty with respect to any
Product more than 18 months after SEQUOIA's delivery of such Product.
9. Software