Triton FT5000XP Prism NDC Emulation w/XFS Compliance User Manual - Manual (Page 122)

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DISTRIBUTOR’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT
OF DEFECT IS EXPRESSLY LIMITED TO THE REPLACEMENT OR
CORRECTION OF SUCH DEFECTIVE PARTS BY MANUFACTURER
AT ITS ELECTION AND SOLE EXPENSE, EXCEPT THERE SHALL
BE NO OBLIGATION TO REPLACE OR REPAIR ITEMS WHICH,
BY THEIR NATURE, ARE EXPENDABLE. If Manufacturer is unable to
replace or repair the defective parts, Manufacturer shall refund to Distributor
that portion of the purchase price allocable pays to such goods.
No representation or other affirmation of fact not set forth herein, including
but not limited to statements regarding capacity, suitability for use, or perfor-
mance of the goods, shall be or be deemed to be a warranty or representation
by Manufacturer for any purpose, nor give rise to any liability or obligation
of Manufacturer whatever.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS DOCUMENT,
THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRAN-
TIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURCHASE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR LOSS OF
PROFITS OR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUEN-
TIAL OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY
BREACH OF THIS CONTRACT OR OBLIGATIONS UNDER THIS
CONTRACT.
W
ArrAnty
S
tAtement
Manufacturer warrants that the Products delivered to Distributor will perform
in accordance with the Manufacturer’s published specifications, and as outlined
in the Manufacturer’s booklet entitled “Thirteen Months Parts Only Limited
Warranty” for thirteen months from date of shipment in Long Beach, MS.
Distributor acknowledges that it has received a copy of such booklet, that it
has read its entirety and that it understands and agrees with its contents.
Manufacturer’s warranty shall not apply to any damage resulting from abuse,
negligence, accident, or to any loss or damage to the products while in transit.
Written notice and explanation of circumstances surrounding any claims that
the goods have proved defective in material or workmanship shall be given
promptly from the distributor to the manufacturer. No claim may be made, or
action brought, by or through a distributor after the expiration of 14 months
following any alleged breach of warranty.