Warranty And Limitation Of Liability - Industrial Scientific DSX Product Manual

Warranty and Limitation of Liability

Warranty
Industrial Scientific Corporation's DSX Docking Stations are warranted to be free from defects in material
and workmanship under normal and proper use and service as follows:
• DSX Standalone Mode: for two years from the initial date of shipment by Industrial Scientific
Corporation.
• DSXi Cloud-connected Mode: for as long as the docking station is supported by Industrial Scientific
Corporation.
Limitation of Liability
THE WARRANTY SET FORTH ABOVE IS STRICTLY LIMITED TO ITS TERMS AND IS IN LIEU OF ALL
OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW,
COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. INDUSTRIAL SCIENTIFIC MAKES NO
OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
SHOULD THE PRODUCT FAIL TO CONFORM TO THE ABOVE WARRANTY, BUYER'S ONLY REMEDY
AND INDUSTRIAL SCIENTIFIC'S ONLY OBLIGATION SHALL BE, AT INDUSTRIAL SCIENTIFIC'S SOLE
OPTION, REPLACEMENT OR REPAIR OF SUCH NON-CONFORMING GOODS OR REFUND OF THE
ORIGINAL PURCHASE PRICE OF THE NONCONFORMING GOODS.
IN NO EVENT WILL INDUSTRIAL SCIENTIFIC BE LIABLE FOR ANY OTHER SPECIAL, INCIDENTAL
OR CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, INCLUDING LOSS OF PROFIT OR LOSS OF
USE, ARISING OUT OF THE SALE, MANUFACTURE OR USE OF ANY PRODUCTS SOLD
HEREUNDER WHETHER SUCH CLAIM IS PLEADED IN CONTRACT OR IN TORT, INCLUDING STRICT
LIABILITY IN TORT AND WHETHER INDUSTRIAL SCIENTIFIC HAS BEEN ADVISED OF THE
POTENTIAL FOR SUCH DAMAGES.
Industrial Scientific's total liability hereunder from any cause whatsoever (except liability from personal
injury caused by Industrial Scientific's negligence), whether arising under contract, warranty, tort (including
negligence), strict liability, products liability or any other theory of liability, will be limited to the lesser of
Buyer's actual damages or the price paid to Industrial Scientific for the Products that are the subject of
Buyer's claim. All claims against Industrial Scientific must be brought within one year after the cause of
action arises, and Buyer expressly waives any longer statute of limitations.
It shall be an express condition to Industrial Scientific's warranty that all products be carefully inspected for
damage by Buyer upon receipt, be properly calibrated for Buyer's particular use, and be used, repaired,
and maintained in strict accordance with the instructions set forth in Industrial Scientific's product
literature. Repair or maintenance by non-qualified personnel will invalidate the warranty, as will the use of
non-approved consumables or spare parts. As with any other sophisticated product, it is essential and a
condition of Industrial Scientific's warranty that all personnel using the products be fully acquainted with
their use, capabilities and limitations as set forth in the applicable product literature.
Buyer acknowledges that it alone has determined the intended purpose and suitability of the goods
purchased. It is expressly agreed by the parties that any technical or other advice given by Industrial
Scientific with respect to the use of the goods or services is given without charge and at Buyer's risk;
therefore, Industrial Scientific assumes no obligations or liability for the advice given or results obtained.
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