replacement will be shipped on DDU Port of Entry (INCOTERMS).
Disclaimer of Warranties
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF
TITLE, NONINFRINGEMENT AND ANY WARRANTY OR REPRESENTATION THAT ANY
SOFTWARE WILL OPERATE ERRORFREE. EXCEPT AS DESCRIBED ABOVE AND EXCEPT FOR
ANY REQUIREMENTS AND OPERATION DESCRIBED IN THIS USER GUIDE, XANDEM DOES NOT
WARRANT THAT THE PRODUCT SHALL MEET YOUR REQUIREMENTS OR THAT THE OPERATION
OF THE PRODUCT SHALL BE UNINTERRUPTED OR THAT ANY ERRORS SHALL BE CORRECTED
OR THAT THE PRODUCT SHALL BE COMPATIBLE WITH ANY PARTICULAR THIRDPARTY
SYSTEM. IF ANY EXCLUSION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO
BE UNENFORCEABLE, THEN ONLY THOSE INVALID EXCLUSIONS SHALL BE STRICKEN AND ALL
OTHERS SHALL REMAIN IN FULL FORCE AND EFFECT.
Limitations of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND
CONDITIONS, XANDEM WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR
RELATED TO YOUR USE OF ITS
TOMOGRAPHIC MOTION DETECTION EQUIPMENT
,
INCLUDING BUT NOT LIMITED TO THE LOSS OF PROPERTY, BUSINESS, MONEY, OR DATA, EVEN
IF APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. UNDER NO
CIRCUMSTANCES WILL XANDEM'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR
RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE (INCLUDING BUT NOT LIMITED TO
WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY
ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EXCEED THE TOTAL AMOUNT PAID BY YOU TO XANDEM UNDER THESE TERMS AND
CONDITIONS DURING THE 12 MONTHS PRECEDING THE DATE OF THE ACTION OR CLAIM. EACH
PROVISION OF THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF
LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES REPRESENTS AN
AGREED ALLOCATION OF THE RISKS OF THESE TERMS AND CONDITIONS BETWEEN THE
PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY XANDEM FOR ITS
PRODUCTS AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE
PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER
PROVISIONS OF THESE TERMS AND CONDITIONS, AND EACH OF THESE PROVISIONS WILL
APPLY EVEN IF THE WARRANTIES IN THESE TERMS AND CONDITIONS HAVE FAILED OF THEIR
ESSENTIAL PURPOSE.
Because some jurisdictions do not allow limitation of liability in certain instances, portions of the above
limitations may not apply to you.
Copyright © 2015 XANDEM
TMD User Guide (Rev C.2) Page 3
