Warranty: Seller’s exclusive warranty is that the Products will materially conform to Seller’s then current published documentation for a period of twelve months from the date of sale by Seller (or such other period expressed in writing by Seller). If Seller provides software or hardware from third parties (parties other than Seller), none of the warranties contained herein shall apply. The conditions and warranties of these third parties will exclusively apply to such software or hardware and Seller is only obliged to provide information on these conditions or warranties when requested to do so. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF SELLER’S OBLIGATIONS HEREUNDER.
Returns: Products are returnable for a period of 30 days from the date of sale. Only products that are unused and in NEW condition are eligible for return. Products are to be returned at the buyers expense. Shipping fees are not refundable. International orders are Non-cancelable and Non-returnable.
Buyer Remedy: In the event of a breach of the foregoing warranty, Buyer’s sole and exclusive remedy and Seller’s sole and exclusive liability and obligation hereunder shall be to replace (in the form originally shipped with Buyer responsible for labor charges for removal or replacement thereof) the non-complying Product or, at Seller’s election, to repay or credit Buyer an amount equal to the purchase price of the Product; provided that there shall be no liability for Seller or its affiliates unless Seller’s analysis confirms that the Products were correctly handled, stored, installed and maintained and not subject to contamination, abuse, misuse or inappropriate modification. Return of any Products by Buyer must be approved in writing by Seller before shipment.
Limitation on Liability: SELLER AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO BUYER, ITS CUSTOMERS, OR ANY OTHER THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR PRODUCTION OR COMMERCIAL LOSS IN ANY WAY CONNECTED WITH THE PRODUCTS, WHETHER SUCH CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY. FURTHER, IN NO EVENT SHALL LIABILITY OF SELLER OR ITS AFFILIATES, LICENSORS, AND SUPPLIERS EXCEED THE INDIVIDUAL PRICE OF THE PRODUCT ON WHICH LIABILITY IS ASSERTED. SELLER SHALL NOT BE LIABLE FOR ANY MALFUNCTION OF THE PRODUCT OR BUYER’S APPLICATION CAUSED BY ANY SOFTWARE PROGRAM OTHER THAN THE SOFTWARE. IN ADDITION, SELLER SHALL HAVE NO LIABILITY FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT OR SIMILAR CLAIMS, EXPENSES OR LIABILITIES OF ANY TYPE IN CONNECTION WITH: (i) USE AND/OR APPLICATION OF THE PRODUCT IN COMBINATION WITH ANY DEVICE, COMPONENT, SOFTWARE, APPLICATION OR DATA NOT SUPPLIED BY SUPPLIER, INCLUDING BUT NOT LIMITED TO BUYER’S AND ITS CUSTOMER’S PRODUCTS; (ii) ALTERATION OF THE PRODUCTS BY BUYER OR ANY THIRD PARTY; OR (iii) USE OF THE PRODUCT IN ANY MANNER OTHER THAN FOR WHICH THEY HAVE BEEN DESIGNED.
Indemnities: Buyer shall indemnify and hold harmless Seller, its affiliates and its employees from and against all liabilities, losses, claims, costs and expenses (including attorney’s fees and expenses) related to any claim, investigation, litigation or proceeding (whether or not Seller is a party) which arises or is alleged to arise from Buyer’s acts or omissions under these Terms or in any way with respect to the Products, including Buyer’s or its customers’ decisions to combine those Products with non-Seller products.
Intellectual Property: The intellectual property embodied in the Products is the exclusive property of Seller and its affiliates and Buyer shall not attempt to duplicate it in any way without the written permission of Seller. Buyer (at its own expense) shall indemnify and hold harmless Seller and defend or settle any action brought against Seller to the extent that it is based on a claim that any Product made to Buyer specifications infringed intellectual property rights of another party.
Errors And Omissions: The information on Seller’s website or in other documentation has been carefully checked and is believed to be accurate; however, no responsibility is assumed for clerical, typographical or proofreading errors or omissions.
Export Controls: Buyer shall comply with all applicable laws, regulations and licenses regarding (a) export of the Products or information provided by Seller; (b) sale of Products to forbidden or other proscribed persons or organizations; (c) disclosure to non-citizens of regulated technology or information.
Anti-Corruption: Any Buyer (including any distributor) agrees that it: (i) will comply in all respects with all applicable laws and regulations, including without limitation the US Foreign Corrupt Practices Act; (ii) will not, directly or indirectly, offer any payments or anything of personal value to a governmental official or person employed by or associated with an entity with any governmental ownership or control; (iii) to the extent applicable, is being paid a reasonable market rate for its services and is not receiving any funds or other resources from Seller for use in making bribes or in otherwise violating this paragraph; and (iv) will defend, indemnify and hold harmless Seller and its affiliates, officers, directors and employees from and against any and all claims, expenses or liabilities that may arise in connection with this paragraph.
Waiver: No failure or delay by Seller in exercising any right and no course of dealing between Buyer and Seller shall operate as a waiver of rights by Seller. Assignment: Buyer may not assign its rights hereunder without Seller’s written consent.
Law: These Terms are governed by North Carolina law (without regard to conflict of laws). Federal and state courts in Mecklenburg County, North Carolina have exclusive jurisdiction for any dispute hereunder.
Amendment: These Terms constitute the entire agreement between Buyer and Seller relating to the Products, and no provision may be changed or waived unless in writing and signed by the parties.
Severability: If any provision hereof is rendered ineffective or invalid, such provision shall not invalidate any other provision.
Suitability: IT IS THE BUYER’S SOLE RESPONSIBILITY TO ENSURE THAT ANY TRAKTRONIX PRODUCT IS FIT AND SUFFICIENT FOR ITS INTENDED USE. BUYER SHALL BE SOLELY RESPONSIBLE FOR DETERMINING APPROPRIATENESS OF THE PARTICULAR PRODUCT WITH RESPECT TO THE BUYER’S APPLICATION INCLUDING (A) ELECTRICAL OR ELECTRONIC COMPONENTS, (B) CIRCUITS, (C)SYSTEM ASSEMBLIES, (D) END PRODUCT, (E) SYSTEM, (F) MATERIALS OR SUBSTANCES OR (G) OPERATING ENVIRONMENT. Buyer acknowledges that it alone has determined that the Products will meet its requirements of the intended use in all cases. Buyer must know and observe all prohibitions of use applicable to the Product/s.
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