Limitation of damages – Nextteq Irritant Smoke Tube Kit for Respirator Fit Testing and Airflow Indication User Manual
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Nextteq Irritant Smoke Tube Kit Manual
The Gastec Irritant Smoke Tube (Part Number 9501) is manufactured by the Gastec Corporation.
Nextteq is Gastec’s exclusive U.S. master wholesale distributor.
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Tel: 813-249-5888 Toll free: 877-312-2333 Fax: 813-249-0188 Toll free: 877-312-2444 www.nextteq.
P/N 9505 Rev F 8/09
Warranty
FOR THE TEST SUBJECT. NEXTTEQ’S WARRANTY IS SET FORTH IN
NEXTTEQ’S TERMS AND CONDITIONS OF SALE MADE BY NEXTTEQ AND
ACCEPTED BY BUYER IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR
IMPLIED INCLUDING BUT NOT LIMITED TO ANY OTHER AFFIRMATION OF
FACT, RECOMMENDATION, OR PROMISE THAT RELATES TO THE GOODS,
THIS DOCUMENT, OR ANY IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE OR MERCHANTABILITY, WHICH ARE EXPRESSLY
DISCLAIMED. THIS PRODUCT OR COMPONENT IS ONLY FOR SALE, ONLY
FOR USE BY, AND ONLY FOR STORAGE BY A TRAINED, QUALIFIED,
TECHNICALLY COMPETENT, AND PROFESSIONAL, COMMERCIAL,
INDUSTRIAL, MILITARY, OR GOVERNMENT USER. THERE ARE NO
WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION SET FORTH IN
NEXTTEQ’S TERMS AND CONDITIONS OF SALE. NEXTTEQ SHALL NOT BE
LIABLE FOR DIRECT OR INDIRECT CONSEQUENTIAL, INCIDENTAL,
STATUTORY, PUNITIVE, OR OTHER DAMAGES OR LOSS RESULTING FROM
THE PROPER OR IMPROPER USE OF EITHER THE PRODUCT OR COMPONENT
SOLD BY NEXTTEQ OR ANY INFORMATION OR RECOMMENDATION
CONTAINED IN THIS DOCUMENT. THIS LIMITATION OF DAMAGES IS
INDEPENDENT OF ANY LIMITATION OF REMEDIES PROVISION AND WILL BE
ENFORCEABLE EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. IF THE
USER IS CONFUSED ABOUT THE PROPER USE OF THE NEXTTEQ IRRITANT
SMOKE TUBE KIT OR GASTEC IRRITANT SMOKE TUBES, ANY INSTRUCTIONS,
WARNINGS, LABELS, SPECIFICATIONS, TEST PROTOCOL, OR THE NEXTTEQ
IRRITANT SMOKE TUBE KIT MANUAL, THE USER SHOULD CALL NEXTTEQ
FOR ASSISTANCE PRIOR TO USING THE PRODUCT. NEXTTEQ CAN BE
CONTACTED AT ONE OF THE FOLLOWING TELEPHONE NUMBERS: TOLL
FREE 877-312-2333 OR LOCAL NUMBER 813-249-5888.
lIMItatIon of daMageS
THE PARTIES HERETO AGREE THAT BUYER’S SOLE AND EXCLUSIVE
DAMAGES FOR SELLER’S BREACH SHALL BE LIMITED TO THE PRICE OF
THE GOODS SOLD AND THAT ALL OTHER DAMAGES, INCLUDING BUT NOT
LIMITED TO, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND