05-05-2014
Page A-4
Warranty
Rev 050514
Operations Manual
Warranty
IN THE EVENT OF ANY BREACH OF THE WARRANTY BY SELLER, SELLER’S LIABILITY SHALL BE LIMITED
EXCLUSIVELY TO THE REMEDIES (AT SELLER’S SOLE OPTION) OF REPAIR OR REPLACEMENT OF ANY
DEFECTIVE EQUIPMENT COVERED BY THE WARRANTY. IN NO EVENT SHALL SELLER, OR ANY SUBSIDIARY
OR DIVISION THEREOF BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES RESULTING
FROM ANY BREACH OF WARRANTY, REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, OR ANY
OTHER TERMS OF THIS WARRANTY, OR ANY BREACH OF ANY DUTY OR OBLIGATION IMPOSED BY STATUTE,
CONTRACT, TORT OR COMMON LAW OR OTHERWISE (WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF
THE SELLER, ITS EMPLOYEES, AGENTS OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, LOSS OF USE,
LOST PROFITS OR REVENUES, LABOUR OR EMPLOYMENT COSTS, LOSS OF USE OF OTHER EQUIPMENT,
DOWNTIME OR HIRE CHARGES, THIRD PARTY REPAIRS, IMPROPER PERFORMANCE OR WORK, LOSS OF
SERVICE OF PERSONNEL, LOSS OF CONTRACT OR OPPORTUNITY AND PENALTIES OF ANY KIND, OR
FAILURE OF EQUIPMENT TO COMPLY WITH ANY APPLICABLE LAWS. THE SELLER’S LIABILITY TO THE
BUYER SHALL NOT IN ANY EVENT EXCEED THE PURCHASE PRICE OF THE EQUIPMENT, PROVIDED THAT
NOTHING CONTAINED IN THIS LIMITED PRODUCT WARRANTY SHALL OPERATE TO EXCLUDE THE SELLER’S
LIABILITY FOR DEATH OR PERSONAL INJURY.
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