Limitation of remedies
The purchaser’s EXCLUSIVE REMEDY against 4iiii shall
be, at 4iiii’s option, the repair or replacement of any
defective Product or components thereof with new,
refurbished or reconditioned Product or components
thereof at no charge to the end purchaser for parts
and labour. The end purchaser shall be responsible
for all shipping and handling costs for return of the
Product with return shipping and handling costs for
return after repair or replacement of the Product
paid by 4iiii. The end purchaser shall notify 4iiii
immediately of any defect. Repair shall be made
through 4iiii or 4iiii authorized representatives
only. Repair, modification or service of 4iiii products
by any party other than 4iiii or 4iiii authorized
representatives shall render this warranty null and
void. The remedy in this paragraph shall only apply
if the Product is installed, used, maintained, stored
and operated in accordance with 4iiii’s relevant User’s
Manual and Specifications, and the Product is not
modified or misused in anyway. NO OTHER REMEDY
(INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR CONTINGENT
DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO
PERSON OR PROPERTY, OR ANY OTHER INCIDENTAL
OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO
THE END PURCHASER, even if 4iiii has been advised of
the possibility of such damages. Without limiting the
foregoing, 4iiii shall not be liable for any damages of
any kind resulting from use, quality, performance or
accuracy of any Product.
4iiii IS NOT RESPONSIBLE FOR PURCHASER’S
NEGLIGENCE OR UNAUTHORIZED USE OF THE
PRODUCT. IN NO EVENT SHALL 4iiii BE IN ANY
WAY RESPONSIBLE FOR ANY DAMAGES RESULTING
FROM END PURCHASER’S OWN NEGLIGENCE, OR
FROM OPERATION OF THE PRODUCT IN ANY WAY
OTHER THAN AS SPECIFIED IN 4iiii’s RELEVANT
USER’S MANUAL AND SPECIFICATIONS. 4iiii is NOT
RESPONSIBLE for defects or performance problems
resulting from: (1) misuse, abuse or neglect of
Product; (2) the utilization of the Product with
interfaces not supported by 4iiii; (3) the operation of
9
WARRANTY
28
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