Disclaimer And Limitation Of Liability - CUMMINS ALLISON JetScan iFX i100 Operating Instructions Manual

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TO SELLER AT BUYER'S EXPENSE AND RECEIVE A REFUND OF THE PURCHASE
PRICE LESS A REASONABLE ALLOWANCE FOR BUYER'S USE.

Disclaimer and Limitation of Liability

The warranties herein shall be applicable only if the Equipment shall be the property of the
original purchaser or user and shall have been properly used, operated and maintained in
accordance with the manual or instructions provided with the Equipment and for the purpose for
which sold. Normal wear and tear and consumable supplies are not covered by these warranties.
These warranties shall not be applicable if the Equipment or any part thereof has been repaired or
replaced by the BUYER without the SELLER'S prior written permission or has been subjected
to any accident, casualty, acts of God, misapplication, alteration, abuse, misuse or adverse
operating conditions (see Specifications). The warranties herein shall not apply to Equipment or
Software sold outside the United States, for which SELLER'S warranties shall be set forth
separately and in accordance with local laws.
No other warranty, either express or implied, and including a warranty of merchantability or
fitness for a particular purpose or against infringement, has been or will be made by or on behalf
of SELLER, or by operation of law with respect to the equipment and accessories or their
installation, use, operation, replacement, or repair whether used alone or with any third party
products or software.
SELLER SHALL NOT BE LIABLE BY VIRTUE OF THIS WARRANTY, OR OTHERWISE,
FOR ANY DAMAGES OR EXPENSES ASSOCIATED WITH ANY THEFT, LOSS,
TRANSFER OR MISDISPENSING OF FUNDS OR PROPERTY, LOSS OF DATA,
INTERRUPTION OF BUSINESS, LOST PROFIT OR FOR ANY INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGE RESULTING FROM THE USE OR OPERATION OF
THE EQUIPMENT, OR OTHERWISE ARISING, WHETHER OR NOT SELLER WAS
APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER'S LIABILITY FOR
DAMAGES TO BUYER FOR ANY CAUSE WHATSOEVER SHALL NOT EXCEED THE
PURCHASE PRICE FOR THE EQUIPMENT ON WHICH THE CLAIM IS BASED. THE
STATED WARRANTIES ARE THE EXCLUSIVE REMEDY TO WHICH BUYER IS
ENTITLED. REPAIR OR REPLACEMENT SHALL BE BUYER'S SOLE REMEDY UNDER
THESE WARRANTIES.
SELLER shall defend and settle, at its own expense, any claim or suit against BUYER alleging
any Equipment or Software sold or licensed by SELLER in the form delivered (but not the use
thereof) infringes any U.S. patent, trademark or copyright and pay all damages assessed by final
judgment against BUYER due to such infringement, provided, however, that BUYER notifies
SELLER promptly in writing of any claims, provides SELLER sole control of the defense,
cooperates with SELLER and permits SELLER to replace or modify the Equipment or Software
to become noninfringing. SELLER may, at its option, retake possession of the Equipment or
Software and refund the purchase price less a reasonable allowance for BUYER's use. This
section states the entire liability of SELLER for infringement by the Equipment or Software.
JetScan iFX ® i100 Scanner
All Models