Nexen TA100 964400 - Manual (Page 13)

9 FORM NO. L-20292-C-0700
Nexen Group, Inc.
560 Oak Grove Parkway
Vadnais Heights, MN 55127 800.843.7445
Fax: 651.286.1099
www.nexengroup.com
ISO 9001 Certified
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 WAR-
RANTIES 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 DAM-
AGES 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 POSSIBIL-
ITY 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.