LSI PRODUCT LIMITED WARRANTY
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ANY IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY, NON-INFRINGEMENT OR
FITNESS FOR A PARTICULAR PURPOSE AND
THOSE OTHERWISE ARISING BY STATUTE
OR OTHERWISE IN LAW OR FROM A COURSE
OF DEALING OR USAGE OF TRADE, WHICH
ARE EXPRESSLY DISCLAIMED. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY
LSI OR ITS EMPLOYEES OR REPRESENTATIVES
SHALL CREATE A WARRANTY OR CONDITION
OR IN ANY WAY INCREASE THE SCOPE OF LSI’S
OBLIGATIONS. LSI DOES NOT WARRANT THAT THE
BUSINESS RESULTS OBTAINED FROM THE USE
OF THE PRODUCTS WILL BE APPROPRIATE OR
ADEQUATE FOR THE PURCHASER.
5.4 Exclusion
This Limited Warranty does not cover and shall not
apply to:
Any Product that is misused or abused, including
being altered, modied or repaired not in accordance
with LSI written instructions or authorizations or
used not in compliance with LSI’s instructions and/or
industry standards and practices;
Any incidental costs or expense, such as shipping
charges to LSI or an designated service representative
as well as the technician out-of-pocket expenses
including traveling, lodging and meal expenses, if
any; The damages caused during the transport or the
moving of the Product;Damages caused by accidents,
abuse, misuse, a force majeure (described as events
outside a LSI’s or any Product user’s control, including
war, riot, strikes, embargoes) or external cause;
Any cost, damage or expenses for eld labor or
any other expenses related to or arising from the
replacement of defective parts.
Products used for pile-driving, wire rope activated
clamshell or dragline applications. If purchaser uses
the Products for pile-driving, wire rope activated
clamshell or dragline application, the Limited Warranty
will be deemed to have been violated for abuse.
Any costs associated with providing LSI with data
logging equipment.
5.5 Limitation of Liability
To the maximum extent permitted by applicable law,
in no event will LSI be liable to the purchaser or any
third party for any indirect, special, consequential,
incidental or exemplary damages whatsoever,
including but not limited to loss of revenue or prot,
lost or damaged data, business interruption or any
other pecuniary loss whether based on contract,
tort or other causes of action, even if LSI has been
advised of the possibility of such damages. In
any event, the total liability of LSI arising from any
cause of action or claim whatsoever,
whether (1) in
contract, (2) in tort (including negligence, whether
sole, joint, contributory, concurrent or otherwise, but
not including intentional, reckless or wanton tort),
(3) under strict liability, (4) under any environmental
or antipollution law or regulation, (5) connected with
any toxic or hazardous substance or constituent,
(6) arising out of any representation or instruction,
or under any warranty, (7) or otherwise, arising out
of, connected with, or resulting from the design,
manufacture, sale, resale, delivery, repair, replacement
or use of Products or the furnishing of any service
shall in no event exceed the price allocable to and
paid to LSI for the individual unit of Products or
service or part thereof which gives rise to the cause of
action or claim.
SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
5.6 Recommended Practices
LSI recommends careful consideration of the following
factors when specifying and installing the Products.
Before installing a Product, the Installation, Operation,
and Maintenance instructions provided with the unit
must be read and understood and complied with.
5.7 Choice of Law
This Limited Warranty shall be governed by and
construed in accordance with:
- the laws of the Province of Quebec, Canada for
products sold by LSI in Quebec;
- the laws of the Province of Ontario, Canada for
products sold by LSI in Ontario and anywhere else in
Canada; and
- the laws of the State of New York for products sold
by LSI anywhere in the United States of America or
anywhere else, excluding Canada.
5.8 Entire Agreement
This document contains the entire agreement of the
parties regarding the subject matter of the Product
and supersedes all previous communications,
representations, understandings and agreements,
either oral or written, between you and LSI.
5.9 Vienna Convention Excluded
The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this
Limited Warranty.
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