Agilent 5DX Service Guide v
5DX Series 3 Notices
PLACE OF PERFORMANCE
A. Within Agilent service travel areas, warranty and installation services for products installed by Agilent and certain other products
designated by Agilent will be performed at Customer’s facility at no charge. Outside Agilent service travel areas, warranty and installation
services will be performed at Customer’s facility only up on Agilent’s prior agreement and Customer shall pay Agilent’s round-trip travel
expenses and applicable additional expenses for such services.
B. On-site warranty services are provided only at the initial installation point. If products eligible for on-site warranty and installation services
are removed from the initial installation point, the warranty will remain in effect only if Customer purchases additional inspection or
installation services at the new site.
C. For product warranties requiring return to Agilent, products must be returned to a service facility designated by Agilent. The Customer
shall prepay shipping charges (and shall pay all duty and taxes) for products returned to Agilent for warranty service. Except for products
returned to Customer from another country, Agilent shall pay for return of products to Customer.
D. Installation and warranty services outside the country of initial purchase are included in Agilent’s product price only if Customer pays
Agilent international prices (defined as destination local currency price, or U.S., or Geneva Export price). Service outside the country of
initial purchase is subject to the conditions regarding Agilent service travel areas and initial installation point described above.
LIMITATION OF REMEDIES AND LIABILITY
A. Agilent will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control.
B. Products not specifically designed, manufactured or intended for sale as parts, components or assemblies for planning, construction,
maintenance, or direct operation of a nuclear facility. Customer is solely liable if Products or Support purchased by Customer are used for
these applications. Customer will indemnify and hold Agilent harmless from all loss, damage, expense or liability in connection with such
use.
C. Agilent will be liable for damage to tangible property per incident up to the greater of $300,000 or the actual charges paid to Agilent for the
product that is the subject of the claim, and for damages for bodily injury or death, to the extent that all such damages are determined by a
court of competent jurisdiction to have been directly caused by a defective Product sold hereunder.
D. For any material breach of Support services by Agilent, Customer’s remedy and Agilent’s liability will be limited to a refund of the related
Support charges paid during the period of breach, up to a maximum of 12 months.
E. THE REMEDIES IN THIS AGREEMENT ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED
ABOVE, IN NO EVENT WILL AGILENT OR ITS SUBCONTRACTORS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN
CONTRACT, TORT, OR OTHERWISE.
U.S. Government Restricted Rights
The Software and Documentation have been developed entirely at private expense. They are delivered and licensed as “commercial computer
software” as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a
“commercial item” as defined in FAR 2.101(a), or as “Restricted computer software” as defined in FAR 52.227-19 (Jun 1987) (or any equivalent
agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and Documentation by the
applicable FAR or DFARS clause or the Agilent standard software agreement for the product involved.
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