ProSoft Technology PTQ-AFC - Manual (Page 255)

PTQ-AFC ♦ Modicon Quantum Platform Support, Service & Warranty
Liquid and Gas Flow Computer for Hydrocarbon Products User Manual
ProSoft Technology, Inc. Page 255 of 259
June 23, 2011
12.2.6 Limitation of Remedies **
In no event will ProSoft or its Dealer be liable for any special, incidental or
consequential damages based on breach of warranty, breach of contract,
negligence, strict tort or any other legal theory. Damages that ProSoft or its
Dealer will not be responsible for include, but are not limited to: Loss of profits;
loss of savings or revenue; loss of use of the product or any associated
equipment; loss of data; cost of capital; cost of any substitute equipment,
facilities, or services; downtime; the claims of third parties including, customers of
the Purchaser; and, injury to property.
** Some areas do not allow time limitations on an implied warranty, or allow the exclusion or
limitation of incidental or consequential damages. In such areas, the above limitations may not
apply. This Warranty gives you specific legal rights, and you may also have other rights which vary
from place to place.
12.2.7 Time Limit for Bringing Suit
Any action for breach of warranty must be commenced within 39 months
following shipment of the Product.
12.2.8 No Other Warranties
Unless modified in writing and signed by both parties, this Warranty is
understood to be the complete and exclusive agreement between the parties,
suspending all oral or written prior agreements and all other communications
between the parties relating to the subject matter of this Warranty, including
statements made by salesperson. No employee of ProSoft or any other party is
authorized to make any warranty in addition to those made in this Warranty. The
Customer is warned, therefore, to check this Warranty carefully to see that it
correctly reflects those terms that are important to the Customer.
12.2.9 Allocation of Risks
This Warranty allocates the risk of product failure between ProSoft and the
Customer. This allocation is recognized by both parties and is reflected in the
price of the goods. The Customer acknowledges that it has read this Warranty,
understands it, and is bound by its Terms.
12.2.10 Controlling Law and Severability
This Warranty shall be governed by and construed in accordance with the laws of
the United States and the domestic laws of the State of California, without
reference to its conflicts of law provisions. If for any reason a court of competent
jurisdiction finds any provisions of this Warranty, or a portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible and the remainder of this Warranty shall remain in full force and
effect. Any cause of action with respect to the Product or Services must be
instituted in a court of competent jurisdiction in the State of California.