Nexen I300 965502 - Manual (Page 9)

9 FORM NO. L-21226-B-1008
WARRANTY
Warranties
Nexen warrants that the Products will be free from any defects in material or workmanship for a period of 12 months
from the date of shipment. NEXEN MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. This warranty applies only if (a) the
Product has been installed, used and maintained in accordance with any applicable Nexen installation or maintenance
manual for the Product; (b) the alleged defect is not attributable to normal wear and tear; (c) the Product has not been
altered, misused or used for purposes other than those for which it was intended; and (d) Buyer has given written
notice of the alleged defect to Nexen, and delivered the allegedly defective Product to Nexen, within one year of the
date of shipment.
Exclusive Remedy
The exclusive remedy of the Buyer for any breach of the warranties set out above will be, at the sole discretion of
Nexen, a repair or replacement with new, serviceably used or reconditioned Product, or issuance of credit in the
amount of the purchase price paid to Nexen by the Buyer for the Products.
Limitation of Nexen’s Liability
TO THE EXTENT PERMITTED BY LAW NEXEN SHALL HAVE NO LIABILITY TO BUYER OR ANY OTHER
PERSON FOR INCIDENTAL DAMAGES, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR OTHER
DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER ARISING OUT OF BREACH OF WARRANTY
OR OTHER
BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, EVEN IF NEXEN SHALL HAVE
BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH POTENTIAL LOSS OR DAMAGE. For all of
the purposes hereof, the term “consequential damages” shall include lost profits, penalties, delay images, liquidated
damages or other damages and liabilities which Buyer shall be obligated to pay or which Buyer may incur based
upon, related to or arising out of its contracts with its customers or other third parties. In no event shall Nexen be
liable for any amount of damages in excess of amounts paid by Buyer for Products or services as to which a breach
of contract has been determined to exist. The parties expressly agree that the price for the Products and the services
was determined in consideration of the limitation on damages set forth herein and such limitation has been specifically
bargained for and constitutes an agreed allocation of risk which shall survive the determination of any court of
competent jurisdiction that any remedy herein fails of its essential purpose.
Limitation of Damages
In no event shall Nexen be liable for any consequential, indirect, incidental, or special damages of any nature
whatsoever, including without limitation, lost profits arising from the sale or use of the Products.
Warranty Claim Procedures
To make a claim under this warranty, the claimant must give written notice of the alleged defect to whom the Product
was purchased from and deliver the Product to same within one year of the date on which the alleged defect first
became apparent.