LISST-200X User’s Manual Warranty Page 116
4. Exclusive Warranties
THE WARRANTIES SET FORTH IN PARAGRAPH 1 ABOVE ARE EXCLUSIVE AND IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. SEQUOIA DISCLAIMS ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE,
COURSE OF DEALING, OR USAGE OF TRADE) OTHER THAN THOSE SPECIFICALLY SET
FORTH IN PARAGRAPH 1.
5. Exclusive Remedies
CUSTOMER'S RIGHTS AND REMEDIES SET FORTH IN PARAGRAPHS 2 AND 3 ABOVE
ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER RIGHTS AND REMEDIES FOR
ANY BREACH OF OR OTHER FAILURE TO COMPLY WITH ANY WARRANTY WITH
REGARD TO ANY PRODUCT.
6. No Consequential Damages
SEQUOIA will not be liable for any indirect, incidental, special or consequential damages, any cover,
or any loss of revenue, profit, data or use.
7. Limitations of Liability
SEQUOIA's liability (whether in contract, tort, or otherwise; and notwithstanding any fault,
negligence, strict liability or product liability) with regard to any Product (including, but not limited
to, any breach of or default by SEQUOIA) will in no event exceed the purchase price paid by
Customer to SEQUOIA for such Product. Further, SEQUOIA will not be liable for, or be in breach of
or default on account of, any delay or failure to perform as a result of any cause, condition or
circumstance beyond SEQUOIA's reasonable control.
8. Indemnification by Customer
Customer acknowledges that the Products are designed and manufactured for use in non-critical,
monitoring situations. If Customer chooses to purchase a Product or Products for use in applications
that could result in damages in excess of the price of the Product if the Product does not operate
properly or otherwise fails, Customer acknowledges and agrees that it is Customer’s responsibility to
provide for redundancy and/or other safety or back-up measures sufficient to assure that failure of a
Product(s) will not cause such damages. Customer agrees that it will defend and hold SEQUOIA
harmless from any and all claims and costs (including but not limited to attorney’s fees and other
costs of defense against such claims) in excess of the price of the Products arising directly or
indirectly from such Customer’s use of the Products. Such indemnification is a critical part of the
consideration being provided by Customer (over and above the price paid for the Product(s)) for the
right to use the Products for such purposes and Customer shall not use a Product or Products for such
purposes if it is unwilling or unable to provide such indemnification.
9. Statute of Limitations
Customer will not commence any action based on breach of warranty with respect to any Product
more than 18 months after SEQUOIA's delivery of such Product.
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