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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 SUB-
STITUTE 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 responsi-
bility for all warranty and other claims relating to or arising from Buyer’s products, which in-
clude 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 autho-
rized 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.
38 Elo Touchmonitor User Guide