LSI PRODUCT LIMITED WARRANTY
LSI PRODUCT LIMITED WARRANTY
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EXPRESSLY DISCLAIMED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY
LSI
LSI OR ITS
EMPLOYEES OR REPRESENTATIVES SHALL
CREATE A WARRANTY OR CONDITION OR IN ANY
WAY INCREASE THE SCOPE OF
LSI
LSI’S OBLIGATION.
LSI
LSI DOES NOT WARRANT THAT THE BUSINESS
RESULTS OBTAINED FROM THE USE OF THE
PRODUCTS WILL BE APPROPRIATE OR ADEQUATE
FOR THE PURCHASER.
9.4
9.4
Exclusion
Exclusion
This Limited Warranty does not cover and shall not
apply to:
• Any Product that is misused or abused, including
being altered, modified or repaired not in
accordance to
LSI
LSI written instructions or
authorizations and any use not in compliance with
LSI
LSI’s instructions and/or industry standards and
practices;
•Any incidental costs or expense, such as shipping
charges to
LSI
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 Products;
• Damages caused by accidents, abuse, misuse, a
force majeure (described as events outside a
LSI
LSI’s or any Product user’s control, including war,
riot, strikes, embargoes) or external cause;
•Any cost, damage or expenses for field 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
LSI with data
logging equipment.
9.5
9.5
Limitation of Liability
Limitation of Liability
To the maximum extent permitted by applicable law,
in no event will
LSI
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 or revenue or profit,
lost or damaged data, business interruption or any
other pecuniary loss whether based in contract, tort or
other causes of action, even if
LSI
LSI has been advised
of the possibility of such damages. In any event, the
total liability of
LSI
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
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.
9.6
9.6
Recommended Practices
Recommended Practices
LSI
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.
9.7
9.7
Choice of law
Choice of law
This Limited Warranty shall be governed by and
construed in accordance with the laws of : 1. For
Products sold in Canada: the Province of Quebec or,
For Products sold in the USA: the State of Florida,
without giving effect to principles of conflicts of law.
You agree that the exclusive venue for any disputes
arising under this Agreement shall be the state and
federal courts located in Orlando, Florida.
9.7a 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
LSI.
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