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Elo TouchSystems ET2639L User Manual

Page 32

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Elo TouchSystems ET2639L User Guide 32

THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REME-

DIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS

WARRANTY SET FORTH ABOVE, SELLER GRANTS NO OTHER

WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHER-

WISE, REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY

PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR

NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF SELL-

ER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WAR-

RANTY FOR THE GOODS OTHER THAN THE WARRANTY SET

FORTH HEREIN. SELLER’S LIABILITY UNDER THE WARRANTY

SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE OF

THE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR

THE COST OF PROCUREMENT OR INSTALLATION OF SUBSTI-

TUTE GOODS BY BUYER OR FOR ANY SPECIAL, CONSEQUEN-

TIAL, INDIRECT, OR INCIDENTAL DAMAGES.

Buyer assumes the risk and agrees to indemnify Seller against and

hold Seller harmless from all liability relating to (i) assessing the suit-

ability for Buyer’s intended use of the Products and of any system

design or drawing and (ii) determining the compliance of Buyer’s use

of the Products with applicable laws, regulations, codes, and stan-

dards. Buyer retains and accepts full responsibility for all warranty and

other claims relating to or arising from Buyer’s products, which include

or incorporate Products or components manufactured or supplied

by Seller. Buyer is solely responsible for any and all representations

and warranties regarding the Products made or authorized by Buyer.

Buyer will indemnify Seller and hold Seller harmless from any liability,

claims, loss, cost, or expenses (including reasonable attorney’s fees)

attributable to Buyer’s products or representations or warranties con-

cerning same.

Product less depreciation calculated on a straight-line basis over

Seller’s stated Warranty Period.