Elo TouchSystems 3239L User Guide 33
THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REM-
EDIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EX-
PRESS WARRANTY SET FORTH ABOVE, SELLER GRANTS NO
OTHER WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR
OTHERWISE, REGARDING THE PRODUCTS, THEIR FITNESS
FOR ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY,
THEIR NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF
SELLER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY
WARRANTY FOR THE GOODS OTHER THAN THE WARRANTY
SET FORTH HEREIN. SELLER’S LIABILITY UNDER THE WAR-
RANTY SHALL BE LIMITED TO A REFUND OF THE PURCHASE
PRICE OF THE PRODUCT. IN NO EVENT SHALL SELLER BE LI-
ABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF
SUBSTITUTE GOODS BY BUYER OR FOR ANY SPECIAL, CONSE-
QUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES.
Buyer assumes the risk and agrees to indemnify Seller against and
hold Seller harmless from all liability relating to (i) assessing the suit-
ability for Buyer’s intended use of the Products and of any system
design or drawing and (ii) determining the compliance of Buyer’s use
of the Products with applicable laws, regulations, codes, and stan-
dards. Buyer retains and accepts full responsibility for all warranty and
other claims relating to or arising from Buyer’s products, which include
or incorporate Products or components manufactured or supplied by
Seller. Buyer is solely responsible for any and all representations and
warranties regarding the Products made or authorized by Buyer. Buyer
will indemnify Seller and hold Seller harmless from any liability, claims,
loss, cost, or expenses (including reasonable attorney’s fees) attribut-
able to Buyer’s products or representations or warranties concerning
same.
to Buyer or credit to Buyer’s account the purchase price of the Product
less depreciation calculated on a straight-line basis over Seller’s
stated Warranty Period.
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