ETS-Lindgren 3142C Biconilog Antenna (Archived) - Manual (Page 29)

Warranty Policy for Standard EMCO Brand Products | 29
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.
Archived 01/19/11