ATN TTWS Series Operator's Manual page 11

by the foregoing warranty occurs during the applicable period stated
above, ATN, at its option, will either repair or replace the product, and
such action on the part of ATN shall be the full extent of ATN's liability,
and the Customer's sole and exclusive remedy. This warranty does
not cover a product (a) used in other than its normal and customary
manner; (b) subjected to misuse; (c) subjected to alterations, modi-
fications or repairs by the Customer of by any party other than ATN
without prior written consent of ATN; (d) special order or "close-out"
merchandise or merchandise sold "as-is" by either ATN or the ATN
dealer; or (e) merchandise that has been discontinued by the manu-
facturer and either parts or replacement units are not available due to
reasons beyond the control of ATN. ATN shall not be responsible for
any defects or damage that in ATN's opinion is a result from the mis-
handling, abuse, misuse, improper storage or improper operation,
including use in conjunction with equipment which is electrically or
mechanically incompatible with or of inferior quality to the product,
as well as failure to maintain the environmental conditions specified
by the manufacturer. This warranty is extended only to the original
purchaser. Any breach of this warranty shall be waived unless the
customer notifies ATN at the address noted below within the applica-
ble warranty period.
The customer understands and agrees that except for the foregoing
warranty, no other warranties written or oral, statutory, expressed or
implied, including any implied warranty of merchantability or fitness
for a particular purpose, shall apply to the product. All such implied
warranties are hereby and expressly disclaimed.
LIMITATION OF LIABILITY
ATN will not be liable for any claims, actions, suits, proceedings,
costs, expenses, damages or liabilities arising out of the use
of this product. Operation and use of the product are the sole
responsibility of the Customer. ATN's sole undertaking is limited
to providing the products and services outlined herein in accord-
ance with the terms and conditions of this Agreement. The pro-
vision of products sold and services performed by ATN to the
Customer shall not be interpreted, construed, or regarded, either
expressly or implied, as being for the benefit of or creating any
obligation toward any third party of legal entity outside ATN and
the Customer; ATN's obligations under this Agreement extend
solely to the Customer. ATN's liability hereunder for damages,
regardless of the form or action, shall not exceed the fees
or other charges paid to ATN by the customer or custom-
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