KEYENCE N-400 - Manual (Page 149)

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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 LIMITA-
TION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICU-
LAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE
EXPRESSLY DISCLAIMED. IN NO EVENT SHALL KEYENCE AND ITS AFFILI-
ATED ENTITIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAM-
AGES (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 CONNEC-
TION WITH THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF
KEYENCE OR ONE OF ITS AFFILIATED ENTITIES WAS ADVISED OF A POS-
SIBLE THIRD PARTY’S CLAIM FOR DAMAGES OR ANY OTHER CLAIM
AGAINST BUYER. In some jurisdictions, some of the foregoing warranty disclaim-
ers 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.