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42 Elo Entuitive Touchmonitor User Guide
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.