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General terms and conditions – KEYENCE TM-3000 Series User Manual

Page 83

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GENERAL TERMS AND CONDITIONS

The following terms and conditions will govern KEYENCE products ("Product(s)"). Any terms and conditions in Buyer's

purchase orders or other communications which are contradictory to the terms and conditions herein will be void.

KEYENCE reserves the right to modify the terms and conditions herein from time to time in writing.

1. PRODUCT MODIFICATION; DISCONTINUANCE:

KEYENCE reserves the right to modify the Products, prior to their order, from time to time without notice, including the

right to discontinue the Products.

2. WARRANTIES AND DISCLAIMERS:

(1) KEYENCE warrants the Products to be free of defects in materials and workmanship for a period of one (1) year from

the date of shipment. If any models or samples were shown to Buyer, such models or samples were used merely to
illustrate the general type and quality of the Products and not to represent that the Products would necessarily
conform to said models or samples. Any Products found to be defective must be shipped to KEYENCE with all
shipping costs paid by Buyer or offered to KEYENCE for inspection and examination. Upon examination by
KEYENCE, KEYENCE, at its sole option, will refund the purchase price of, or repair or replace at no charge any
Products found to be defective. This warranty does not apply to any defects resulting from any action of Buyer,
including but not limited to improper installation, improper interfacing, improper repair, unauthorized modification,
misapplication and mishandling, such as exposure to excessive current, heat, coldness, moisture, vibration or
outdoors air. Components which wear are not warranted.

(2) KEYENCE is pleased to offer suggestions on the use of its various Products. They are only suggestions, and it is

Buyer's responsibility to ascertain the fitness of the Products for Buyer's intended use. KEYENCE will not be
responsible for any damages that may result from the use of the Products.

(3) The Products and any samples ("Products/Samples") supplied to Buyer are not to be used internally in humans, for

human transportation, as safety devices or fail-safe systems, unless their written specifications state otherwise.
Should any Products/Samples be used in such a manner or misused in any way, KEYENCE assumes no
responsibility, and additionally Buyer will indemnify KEYENCE and hold KEYENCE harmless from any liability or
damage whatsoever arising out of any misuse of the Products/Samples.

(4) OTHER THAN AS STATED HEREIN, THE PRODUCTS/SAMPLES ARE PROVIDED WITH NO OTHER WARRANTIES

WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL KEYENCE AND ITS AFFILIATED
ENTITIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING
FROM LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OR INACCURACY OF DATA,
LOSS OF PROFITS, LOSS OF SAVINGS, THE COST OF PROCUREMENT OF SUBSTITUTED GOODS, SERVICES
OR TECHNOLOGIES, OR FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE USE OR
INABILITY TO USE THE PRODUCTS, EVEN IF KEYENCE OR ONE OF ITS AFFILIATED ENTITIES WAS ADVISED OF
A POSSIBLE THIRD PARTY'S CLAIM FOR DAMAGES OR ANY OTHER CLAIM AGAINST BUYER. In some
jurisdictions, some of the foregoing warranty disclaimers or damage limitations may not apply.

3. EXPORT CONTROL LAWS:

The Products/Samples are subject to the export laws and regulations of the United States and other countries. Any

diversion or re-export contrary to, or any violation of, applicable export control laws and regulations is prohibited.

4. BUYER'S TRANSFER OBLIGATIONS:

If the Products/Samples purchased by Buyer are to be resold or delivered to a third party, Buyer must provide such third

party with a copy of this document, all specifications, manuals, catalogs, leaflets and written information provided to

Buyer pertaining to the Products/Samples.