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Elo TouchSystems 2242L User Guide 33
THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REME-
DIES FOR BREACH OF WARRANTY. EXCEPT FOR THE EXPRESS
WARRANTY SET FORTH ABOVE, SELLER GRANTS NO OTHER
WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHER-
WISE, REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY
PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR
NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF SELL-
ER OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WAR-
RANTY 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 SUBSTI-
TUTE GOODS BY BUYER OR FOR ANY SPECIAL, CONSEQUEN-
TIAL, 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 suit-
ability 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 stan-
dards. 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 con-
cerning same.
Product less depreciation calculated on a straight-line basis over
Seller’s stated Warranty Period.