12. DISCLAIMER 107
—
12. Disclaimer
12.1 Disclaimer of warranties and limitation of liability
There are no understandings, agreements, representations
of warranties, expressed or implied, including warranties of
merchantability or fitness for a particular purpose, other
than those specifically set out by an existing contract be-
tween the parties. Any such contract states the entire obli-
gation of the seller. The contents of this document shall not
become part of or modify any prior or existing agreement,
commitment or relationship. The information, recommenda-
tions, descriptions and safety notations in this document
are based on ABB experience and judgment with respect to
metal-clad SF6 gas-insulated switchgear. This information
should not be considered to be all inclusive or covering all
contingencies. NO WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, OR WARRANTIES OF FIT-
NESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY,
OR WARRANTIES ARISING FROM COURSE OF DEALING OR
USAGE OF TRADE, ARE MADE REGARDING THE INFORMA-
TION, RECOMMENDATIONS, DESCRIPTIONS AND SAFETY
NOTATIONS CONTAINED HEREIN. IN NO EVENT WILL ABB BE
RESPONSIBLE TO THE USER IN CONTRACT, IN TORT (IN-
CLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUEN-
TIAL DAMAGE OR LOSS WHATSOEVER INCLUDING BUT NOT
LIMITED TO DAMAGE TO OR LOSS OF USE OF EQUIPMENT,
PLANT OR POWER SYSTEM, COST OF CAPITAL, LOSS OF
PROFITS OR REVENUE, COST OF REPLACEMENT POWER, AD-
DITIONAL EXPENSES IN THE USE OF EXISTING POWER FA-
CILITIES, OR CLAIMS AGAINST THE USER BY ITS CUSTOMERS
RESULTING FROM THE USE OF INFORMATION, RECOMMEN-
DATIONS, DESCRIPTIONS AND SAFETY NOTATIONS CON-
TAINED HEREIN.
12.2 ABB Disclaimer for operator’s use of equipment & No
ABB liability for mistakes by operator or others
ABB shall have no obligation hereunder with respect to any
equipment which (i) has been improperly repaired or altered;
(ii) has been subjected to misuse, negligence or accident;
(iii) has been used in a manner contrary to ABB’s written in-
structions; (iv) is comprised of materials provided by or a
design specified by Purchaser; or (v) has failed as a result of
ordinary wear and tear.
To Next Page
Loading...
