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14 DL-V3 User Manual Rev 3
Terms and Conditions
(b) the software will be free from error which materially affect performance; and (c) if applicable as
defined in the User’s Manual, be eligible for access to post contract support and software updates
when available. THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOVATEL SHALL IN NO
EVENT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND OR NATURE DUE TO ANY CAUSE.
Purchaser’s exclusive remedy for a claim under this warranty shall be limited to the repair or
replacement at NovAtel’s option and at NovAtel’s facility, of defective or nonconforming materials, parts
or components or in the case of software, provision of a software revision for implementation by the
Buyer. All material returned under warranty shall be returned to NovAtel prepaid by the Buyer and
returned to the Buyer, prepaid by NovAtel. The foregoing warranties do not extend to (i)
nonconformities, defects or errors in the Products due to accident, abuse, misuse or negligent use of
the Products or use in other than a normal and customary manner, environmental conditions not
conforming to NovAtel’s specifications, or failure to follow prescribed installation, operating and
maintenance procedures, (ii) defects, errors or nonconformities in the Products due to modifications,
alterations, additions or changes not made in accordance with NovAtel’s specifications or authorized
by NovAtel, (iii) normal wear and tear, (iv) damage caused by force of nature or act of any third person,
(v) shipping damage, (vi) service or repair of Product by the Purchaser without prior written consent
from NovAtel, (vii) Products designated by NovAtel as beta site test samples, experimental,
developmental, preproduction, sample, incomplete or out of specification Products, (viii) returned
Products if the original identification marks have been removed or altered or (ix) Services or research
activities.
7. EXCLUSION OF LIABILITY: If a Party would, but for this paragraph (7), have concurrent claims in
contract and tort (including negligence) such claims in tort (including negligence) shall to the extent
permitted by law be wholly barred, unenforceable and excluded.
NovAtel shall not be liable to the Buyer by way of indemnity or by reason of any breach of the Order or
of statutory duty or by reason of tort (including but not limited to negligence) for any loss of profit, loss
of use, loss of production, loss of contracts or for any financing costs or for any indirect or
consequential damage whatsoever that may be suffered by the Buyer.
In the event and to the extent that NovAtel shall have any liability to Buyer pursuant to the terms of the
Order, NovAtel shall be liable to Buyer only for those damages which have been foreseen or might
have reasonably been foreseen on the date of effectivity of the Order and which are solely an
immediate and direct result of any act or omission of NovAtel in performing the work or any portion
thereof under the Order and which are not in the aggregate in excess of ten (10%) percent of the total
Order price.