ETS-Lindgren 2188 Turntable - Manual (Page 38)

Model 2188 Turntable
©ETS-Lindgren—January, 2006
Rev. B—P#399771
38
BUYER’S REMEDIES
If Seller determines that any product fails to meet any warranty during the applicable warranty period,
Seller shall correct any such failure by either, at its option, repairing, adjusting, or replacing without
charge to Buyer any defective or nonconforming product, or part or parts of the product. Seller shall
have the option to furnish either new or exchange replacement parts or assemblies.
Warranty service during the applicable warranty period will be performed without charge to Buyer within
the contiguous 48 United States during Seller’s normal business hours. After the warranty period,
service will be performed at Seller’s prevailing service rates. Subject to the availability of personnel,
after-hours service is available upon request at an additional charge. For service outside the contiguous
48 United States, travel and per diem expenses, when required, shall be the responsibility of the Buyer,
or End User, whichever is applicable.
The remedies set forth herein are conditioned upon Buyer promptly notifying Seller within the applicable
warranty period of any defect or nonconformance and making the product available for correction.
The preceding paragraphs set forth Buyer’s exclusive remedies and Seller’s sole liability for claims
based on failure of the products to meet any warranty, whether the claim is in contract, warranty, tort
(including negligence and strict liability) or otherwise, and however instituted, and, upon the expiration
of the applicable warranty period, all such liability shall terminate. IN NO EVENT SHALL SELLER BE
LIABLE TO BUYER FOR ANY SPECIAL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY,
SERVICING, ASSEMBLING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART
THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT
SELLER’S WRITTEN CONSENT DESPITE ANY NEGLIGENCE ON BEHALF OF THE SELLER. IN NO
EVENT SHALL SELLER’S LIABILITIES UNDER ANY CLAIM MADE BY BUYER EXCEED THE
PURCHASE PRICE OF THE PRODUCT IN RESPECT OF WHICH DAMAGES ARE CLAIMED. This
agreement shall be construed in accordance with laws of the State of Illinois. In the event that any
provision hereof shall violate any applicable statute, ordinance, or rule of law, such provision shall be
ineffective to the extent of such violation without invalidating any other provision hereof.
Any controversy or claim arising out of or relating to the sale, delivery, nondelivery, servicing,
assembling, use or loss of use of the products or any part thereof or for any charges or expenses in
connection therewith shall be settled in Austin, Texas by arbitration in accordance with the Rules of the
American Arbitration Association, and judgment upon the award rendered by the Arbitrator may be
entered in either the Federal District Court for the Western District of Texas or the State District Court in
Austin, Texas, all of the parties hereto consenting to personal jurisdiction of the venue of such court and
hereby waive the right to demand a jury trial under any of these actions.