Warranties and disclaimers, Buyer's transfer obligations – KEYENCE IV Series User Manual

Page 10

IV Series (Sensor) - IM_E

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.

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.

E 1101-3