Ultrasonic Sonic Touch II User Manual page 63

LIABILITY, ARISING FROM CONTRACT, TORT OR OTHERWISE, FOR ANY LOSS
OR DAMAGE INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, AND
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
COST OF COVER, INCIDENTAL DAMAGES AND PERSONAL INJURY, WHATEVER
THE UNDERLYING CAUSE AND INCLUDING THIRD PARTY CLAIMS.
Any and all production or performance specifications supplied by UPC are strictly
estimates based upon UPC's analysis of the material or parts to be processed,
interpretation of tolerance and accuracy requirements, assumptions of facilities
available and operator skill. NO SUCH PRODUCTION OR PERFORMANCE
ESTIMATE SHALL CONSTITUTE A WARRANTY OR GUARANTEE OF
PRODUCTION OR PERFORMANCE RESULTS.
ADDITIONAL TERMS
(a) The agents, dealers and employees of UPC are not authorized to make
modifications to this Warranty, or to make additional warranties binding on UPC
including, but not limited to additional warranties for Products, accessories or
components. Additional statements, whether oral or written, do not constitute
warranties and should not be relied upon unless made in writing and signed by
an officer of UPC with authority to do so.
(b) Regardless of any other agreement between the first Purchaser (or Customer if
the first Purchaser is a distributor) and UPC, this Warranty will be governed and
controlled in all respects by the laws of the State of Illinois, USA, including
interpretation, enforceability, validity and construction, without regard to any
conflict of law provisions. The sole proper venue for the resolution of any
disputes arising hereunder shall be the State or Federal Courts located in the
County of Winnebago, State of Illinois.
(c) This Warranty constitutes the entire understanding between the parties with
respect to the subject matter discussed herein and supersedes any prior
discussions, negotiations, agreements and understandings between the parties.
(d) No assignment of this Warranty or of any right or obligation under this Warranty
will be made by the first Purchaser (or Customer if the first Purchaser is a
distributor) without the prior written consent of UPC. Any assignment or transfer
of this Warranty without such prior written consent will invalidate this Warranty.
Failure to provide proof of purchase to UPC upon request will invalidate this
Warranty.
SHIPPING REQUIREMENTS
Upon notifying UPC of a warranty-related claim, UPC will, if appropriate, provide a
Return Material Authorization number (RMA) for the return of the Product and/or
Accessories. If supplied to the first Purchaser (or Customer if the first Purchaser is a
Property of Ultrasonic Power Corporation - © 2019
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