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Elo TouchSystems 15A1 User Guide 49
THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REMEDIES FOR BREACH
OF WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE,
SELLER GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED BY STATUTE
OR OTHERWISE, REGARDING THE PRODUCTS, THEIR FITNESS FOR
ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR
NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF SELLER OR ANY
OTHER PARTY IS AUTHORIZED TO MAKE ANY WARRANTY FOR THE GOODS
OTHER THAN THE WARRANTY SET FORTH HEREIN. SELLER’S LIABILITY
UNDER THE WARRANTY SHALL BE LIMITED TO A REFUND OF THE PURCHASE
PRICE OF THE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR THE
COST OF PROCUREMENT OR INSTALLATION OF SUBSTITUTE GOODS BY
BUYER OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL
DAMAGES.
Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless
from all liability relating to (i) assessing the suitability for Buyer’s intended use of the
Products and of any system design or drawing and (ii) determining the compliance of
Buyer’s use of the Products with applicable laws, regulations, codes, and standards.
Buyer retains and accepts full responsibility for all warranty and other claims relating to
or arising from Buyer’s products, which include or incorporate Products or
components manufactured or supplied by Seller. Buyer is solely responsible for any
and all representations and warranties regarding the Products made or authorized by
Buyer. Buyer will indemnify Seller and hold Seller harmless from any liability, claims,
loss, cost, or expenses (including reasonable attorney’s fees) attributable to Buyer’s
products or representations or warranties concerning same.