Impulse MAQ20-940 Configuration Manual de usuario descargar pdf (Pagina 22)

MAQ

20 Configuration Software Tool User Manual

DATAFORTH WARRANTY

Applying to Products Sold by Dataforth Corporation

a. General. Dataforth Corporation (“Dataforth”)

warrants that its products furnished under this

Agreement will, at the time of delivery, be free from

defects in material and workmanship and will conform

to Dataforth's applicable specifications or, if

appropriate, to buyer's specifications accepted in

writing by Dataforth. DATAFORTH'S OBLIGATION

OR LIABILITY TO BUYER FOR PRODUCTS WHICH

DO NOT CONFORM TO THE ABOVE STATED

WARRANTY SHALL BE LIMITED TO DATAFORTH,

AT DATAFORTH'S SOLE DISCRETION, EITHER

REPAIRING, REPLACING, OR REFUNDING THE

PURCHASE PRICE OF THE DEFECTIVE

PRODUCT(S) PROVIDED THAT WRITTEN NOTICE

OF SAID DEFECT IS RECEIVED BY DATAFORTH

WITHIN THE TIME PERIODS SET FORTH BELOW:

i. for all software products including licensed

programs, thirty (30) days from date of initial delivery;

ii. for all hardware products including complete

systems, one (1) year from date of initial delivery;

iii. for all special products, sixty (60) days from

date of initial delivery; and

further, all products warranted hereunder for which

Dataforth has received timely notice of

nonconformance must be returned FOB to Dataforth's

plant in Tucson, Arizona USA within thirty (30) days

after the expiration of the warranty periods set forth

above.

The foregoing warranties shall not apply to any

products which Dataforth determines have, by buyer

or otherwise, been subjected to operating and/or

environmental conditions in excess of the maximum

value established therefor in the applicable

specifications, or any products that have been the

subject of mishandling, misuse, misapplication,

neglect, improper testing, repair, alteration or

damage. THE PROVISIONS OF THE FOREGOING

WARRANTIES EXTEND TO BUYER ONLY AND

NOT TO BUYER'S CUSTOMERS OR USERS OF

BUYER'S PRODUCTS. THE DATAFORTH

STANDARD WARRANTY IS IN LIEU OF ALL

WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE OR USE

AND ALL OTHER WARRANTIES WHETHER

EXPRESS, IMPLIED OR STATUTORY, EXCEPT AS

TO TITLE. THE DATAFORTH STANDARD

WARRANTY MAY BE CHANGED BY DATAFORTH

WITHOUT NOTICE.

b. Buyer Indemnity. Buyer agrees to indemnify and

hold Dataforth harmless from and against any and all

claims, damages and liabilities whatsoever asserted

by any person, entity, industry organization,

government, or governmental agency of any country

resulting directly or indirectly (i) from any acts not

authorized by Dataforth in writing or any statements

regarding the products inconsistent with Dataforth's

product documentation or standard warranty, or (ii)

from any breach or threatened breach by buyer, or by

any of its employees or agents, of any term, condition

or provision of this Warranty or (iii) from any warranty,

representation, covenant or obligation given by buyer

to any third party and not expressly provided for in

this Warranty or (iv) for any non-compliance (in any

form) of the products with any necessary or

mandatory applicable laws, regulations, procedures,

government or industry policies or requirements

related to the use, sale or importation of the products.

Such indemnification shall include the payment of all

reasonable attorneys' fees and other costs incurred

by Dataforth in defending such claim.

c. Limitation on Damages.

(1) IN NO EVENT SHALL DATAFORTH, ITS

SUPPLIERS, LICENSORS, SERVICE PROVIDERS,

EMPLOYEES, AGENTS, OFFICERS, AND

DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL,

INCIDENTAL, COVER, ECONOMIC, PUNITIVE,

ACTUAL, EXEMPLARY, CONSEQUENTIAL OR

OTHER DAMAGES OF ANY NATURE INCLUDING,

WITHOUT LIMITATION, LOST PROFITS OR

REVENUES, COSTS OF REPLACEMENT

PRODUCTS, LOSS OR DAMAGE TO DATA

ARISING OUT OF THE USE OR INABILITY TO USE

ANY DATAFORTH PRODUCT.

(2) IN NO EVENT SHALL DATAFORTH BE LIABLE

FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL

OR CONSEQUENTIAL DAMAGES OF ANY

NATURE RESULTING FROM BUYER’S

NONCOMPLIANCE (IN ANY FORM) WITH ALL

NECESSARY OR MANDATORY APPLICABLE

LAWS, REGULATIONS, PROCEDURES,

GOVERNMENT POLICIES OR REQUIREMENTS

RELATED TO THE USE, SALE OR IMPORTATION

OF PRODUCTS.

(3) IN NO EVENT WILL THE COLLECTIVE

LIABILITY OF DATAFORTH AND ITS SUPPLIERS,

LICENSORS, SERVICE PROVIDERS, EMPLOYEES,

AGENTS, OFFICERS, AND DIRECTORS TO ANY

PARTY (REGARDLESS OF THE FORM OF ACTION,

WHETHER BASED UPON WARRANTY,

CONTRACT, TORT, OR OTHERWISE) EXCEED

THE GREATER OF EITHER US$1000.00 (ONE

THOUSAND DOLLARS U.S.A. CURRENCY) OR

THE AMOUNT PAID TO DATAFORTH FOR THE

APPLICABLE PRODUCT OR SERVICE OUT OF

WHICH LIABILITY AROSE.

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Impulse MAQ20-940 Configuration Manual de usuario Pagina 22

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