Gaumard ADVANCED ZACK S230.200, User Manual

30 | Gaumard Sales Terms and Conditions 

S230.200 ADVANCED ZACK™

 | 

USER GUIDE

elect to repay or credit to Customer an amount equal to the purchase price of the defective Product. Items replaced 
shall become Gaumard property. All claims shall be initiated by contacting Gaumard within the applicable Warranty 
Period and within thirty (30) days after discovery of the non-conformity. If Customer has failed to notify Gaumard 
within the Warranty Period, then Customer shall be barred from instituting any action thereafter. Customer shall not 
return the Product to Gaumard without prior authorization from Gaumard. If the necessary repairs to the Product 
are covered by this limited warranty, then Customer will pay only the incidental expenses associated with the repair, 
including any shipping, handling, and related costs for sending the product to Gaumard and for sending the product 
back to the first purchaser. However, if the repairs are not covered by this limited warranty, then Customer will 
be liable for all repair costs in addition to costs of shipping and handling. Upon request, Gaumard must be given 
access to and  an opportunity to inspect the Product and any working areas and storage areas. These remedies shall 
comprise Gaumard’s entire liability and Customer’s exclusive remedy for breach of warranty and are in lieu of any  
other remedies at law or equity.
9. 

LIMIT OF LIABILITY. GAUMARD SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, 

EXEMPLARY, OR CONSEQUENTIAL LOSSES, DAMAGES, OR EXPENSES (INCLUDING BUT NOT LIMITED TO LOSS 
OF PROFITS, DATA, OR USE), DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING, SERVICE, OR USE 
OF PRODUCT OR SERVICES ORDERED OR FURNISHED, OR FROM ANY CAUSE RELATING THERETO. EXCEPT FOR 
PERSONAL INJURY OR DEATH TO THE EXTENT RESULTING FROM GAUMARD’S NEGLIGENT OR INTENTIONALLY 
WRONGFUL ACTS OR OMISSIONS, IN NO EVENT SHALL GAUMARD BE LIABLE UNDER ANY LEGAL THEORY 
OR FOR ANY CAUSE RELATED TO A PRODUCT OR SERVICE, WHETHER BASED UPON WARRANTY, CONTRACT, 
TORT, NEGLIGENCE, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, FOR ANY AMOUNT 
IN EXCESS OF THE PRICE, FEE, OR CHARGE RECEIVED BY GAUMARD FOR SUCH PRODUCT OR SERVICE.
10. 

Governmental Authorizations. Customer is responsible for compliance and costs associated with all required 

licenses, permits, or other governmental authorizations, including but not limited to, any license or certification 
needed for Customer to use the Product, and any export or import license, exchange permit, or the like (“Licenses”), 
even if applied for by Gaumard on Customer’s behalf. If any authorization is delayed, denied, revoked, restricted, or 
not renewed, Gaumard shall not be liable, and Customer is not relieved of its obligations. Customer represents and
agrees that it will handle all Product and technical data related to the Licenses so that it conforms to all applicable 
U.S. laws and regulations, including U.S. export licensing laws and the U.S. Foreign Corrupt Practices Act. Customer 
shall not trans-ship, divert, re-export or otherwise dispose of any U.S. origin goods or technology obtained from 
Gaumard except as U.S. laws and regulations expressly permit.
11. Indemnity.
Gaumard agrees to indemnify, defend and hold Customer, its officers, directors, employees, agents and contractors 
harmless from and against all loss, damage, liability, cost and expense (including reasonable attorneys’ fees and 
expenses) by reason of any claims or actions by third parties against Customer for (1) bodily injury or death, and 
damage, loss or destruction of any real or tangible personal property, which third party claims arise out of or relate 
to Gaumard’s gross negligence or willful misconduct or (2) infringement or misappropriation by Gaumard of any 
intellectual property rights under this Agreement.
a. 

Customer agrees to indemnify, defend and hold Gaumard, its officers, directors, employees, agents and 

contractors harmless from and against all loss, damage, liability, cost and expense (including reasonable attorneys’ 
fees and expenses) by reason of any claims or actions by third parties against Gaumard for (1) bodily injury or 
death or damage, loss or destruction of any real or tangible personal property, which third party claims arise out of 
or relate to Customer’s gross negligence or willful misconduct; (2) infringement or misappropriation by Customer 
of any intellectual property rights; or (3) Customer’s or its customer’s use of the Products or Services, including 
without limitation, defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, 
or spamming or any other tortious or illegal conduct.

12. 

Software License. For purposes of these Terms, the term “Software” includes all Gaumard computer software,