8 S5 Battery Validation System
General
The warranties set forth in Sections A and B above, and the entitlements set forth in Section C above, are for the benefit of
and shall apply only to End User.
BTECH warranties shall not apply to any Product or Licensed Material which has been damaged as a result of, or subjected
to, accident, neglect, misuse, abuse, vandalism, riot, war, acts of terrorism, negligence in transportation or handling, failure
or surges in electric power, air conditioning, humidity control, flood, water, fire or smoke and heat damage, causes other than
ordinary use, acts of God or causes beyond BTECH control, or if the Product or Licensed Material was not properly
maintained by End User during the warranty period.
There shall be no warranty or liability for any Products or Licensed Materials that have been modified by End User without
BTECH prior written approval.
Replacement Products or Licensed Materials outside the scope of this warranty or with respect to Product(s) or Licensed
Materials out-of-warranty will be furnished at the established charges of BTECH then in effect.
End User shall ensure that BTECH will have full and free access to the Products and Licensed Materials and End User’s site,
if required.
BTECH shall not be responsible for failure to repair or replace Products or Licensed Materials due to causes beyond its
control. BTECH shall not be required to replace any Product or Licensed Material if it would be impractical for BTECH
personnel to do so because of unauthorized alterations to the Products or Licensed Materials or its unauthorized connection
by mechanical or electrical means to another system or device.
Limitation of Liability
THESE WARRANTIES AND BTECH AND ITS AFFILIATES’ LIABILITY AND END USER’S REMEDIES
WITH RESPECT THERETO, AS SET FORTH HEREIN, ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL
OTHER WARRANTIES, LIABILITIES, REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY
OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM
NEGLIGENCE OF BTECH OR ITS AFFILIATES, ACTUAL OR IMPUTED, AND NO WARRANTIES, EXPRESS
OR IMPLIED REPRESENTATIONS, PROMISES OR STATEMENTS HAVE BEEN MADE BY BTECH OR ITS
AFFILIATES UNLESS CONTAINED IN THIS AGREEMENT. NO WARRANTY, EXPRESS OR IMPLIED, IS
MADE HEREIN THAT THE LICENSED MATERIALS, PRODUCTS OR ANY PARTS ARE MERCHATABLE,
OR FIT OR SUITABLE FOR THE PARTICULAR PURPOSES FOR WHICH THE LICENSED MATERIALS,
PRODUCTS OR PARTS MAY BE ACQUIRED BY END USER. IN NO EVENT SHALL BTECH OR ITS
AFFILIATES BE LIABLE TO END USER FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF DATA, OR PROFITS, WHETHER CLAIMED BY
REASON OF BREACH OF WARRANTY OR OTHERWISE, AND WITHOUT REGARD TO THE FORM OF
ACTION IN WHICH SUCH CLAIM IS MADE.
The Products and Licensed Materials are not specifically developed, or licensed for use in any nuclear, aviation, mass transit,
or medical applications or in any other inherently dangerous applications.
End User agrees to indemnify and hold BTECH harmless from any claims for losses, costs, damages, or liability arising out
of or in connection with the use of the Products and/or Licensed Materials in such applications.
Notwithstanding anything contained herein to the contrary, the total maximum liability of BTECH and its Affiliates under
this warranty for the affected Product(s) and Licensed Materials is limited, at the option of BTECH, to either:
a. BTECH use of reasonable efforts to repair any Product or Licensed Materials; or
b. BTECH use of reasonable efforts to replace any Product or Licensed Materials, or any shipment as to which any defect
is claimed by End User and duly verified by BTECH; of
c. The refund of the purchase price or license fee paid.
Warranty Rev 12/15/06
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