Siemens m50 Series User Manual page 45

EPAC300-M50 SERIES USER'S MANUAL
LIMITATIONS OF WARRANTIES AND REMEDIES:
WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE
OR TRADE. Remedies provided above are Buyer's sole remedies for any failure by
SIEMENS ITS to comply with its warranty obligations. Correction of non-
conformities in the manner and for the period of time provided herein shall
constitute complete fulfillment of all the liabilities of SIEMENS ITS for defective
equipment, materials, or services, whether the claims by Buyer are based in
contract, in tort (including negligence or strict liability), or otherwise.
LIMITATION OF LIABILITY:
Neither SIEMENS ITS nor its sub-contractors or suppliers of any tier will be liable
to Buyer for any special, indirect, liquidated, incidental or consequential damage or
loss or for damage or loss of property or equipment not furnished under a
purchase order resulting therefrom on which the liability is based, or claims of
Buyer's customers. The remedies set forth herein are exclusive and for each item
of equipment, material, or services, the total cumulative liability of SIEMENS ITS
under any purchase order accepted by SIEMENS ITS or anything done in
connection therewith, will be limited to the price of the item of equipment, material
or services. In all cases where Buyer's claim, whether based in contract, in tort
(including negligence and strict liability), under any warranty, or otherwise, arises
out of or in connection with the sale, delivery, or use of defective equipment,
material, or services supplied hereunder or damage resulting therefrom, Buyer's
exclusive remedies and SIEMENS ITS sole liability shall be limited to those
specifically outlined in the warranty provision.
The provisions of this section, Limitation of Liability, shall also protect SIEMENS
ITS suppliers and sub-contractors and shall apply, to the full extent permitted by
law and regardless of fault and shall survive either termination, cancellation or
expiration of the order.
The provisions of this section, Limitation of Liability, shall apply notwithstanding
any other provision of the purchase order
.
The equipment and material are intended for use only for the purpose for which
they were expressly provided. With respect to any other use, SIEMENS ITS makes
no representation or warranty and assumes no liability of any kind, whether in
contract or tort (including negligence and strict liability).
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