- 23 -
b)
At the exclusive option of High Voltage, purchaser may be directed to dismantle
the product at the purchaser’s cost and expense and ship the product prepaid to
High Voltage Refer to the Returned Material section for instructions regarding the
return of any material to High Voltage If High Voltage elects to inspect the
product at the purchaser’s site, and possibly repair, replace, or ship the defective
product to High Voltage’s factory, purchaser, at its own cost and expense, shall
provide suitable facilities for such work as needed to inspect and evaluate and
possibly repair/replace subject product. If inspection discloses that the defect is
not one for which High Voltage is liable, that is, is outside the stated terms of this
warranty provided by High Voltage, then the purchaser agrees to reimburse High
Voltage for all expenses incurred.
c)
Upon receipt of the defective material or product, or following access to the
same, High Voltage shall inspect and evaluate the material or product and
determine the validity of the purchaser’s claim.
The validity of any warranty claim, the purchaser’s compliance with this warranty and
Warranty Claim Procedure, and the obligation to replace, repair, or issue credit for any
product, shall be solely and exclusively determined by High Voltage and any
determination shall be final and binding.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES
EXPRESSED OR IMPLIED ON THE PART OF HIGH VOLTAGE, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND
NON-INFRINGEMENT ARISING FROM ANY BREACH THEREOF AND HIGH
VOLTAGE NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON, FIRM ,
OR CORPORATION TO ASSUME ANY LIABILITY OR OBLIGATION IN CONNECTION
WITH THIS WARRANTYON ITS BEHALF AND PURCHASER ACKNOWLEDGES
THAT NO REPRESENTATIONS EXCEPT THOSE MADE HEREIN HAVE BEEN MADE
TO PURCHASER. THIS WARRANTY SHALL BE GOVERNED AND CONSTRUED
ACCORDING TO THE INTERNAL LAWS OF THE STATE OF NEW YORK.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING ELSE IN THIS
DOCUMENT OR OTHERWISE, INCLUDING THAT HIGH VOLTAGE WAS WARNED
THAT DAMAGES WOULD OCCUR OR WERE LIKELY TO OCCUR, HIGH VOLTAGE
SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY AMOUNTS IN EXCESS
IN THE AMOUNT PAID TO HIGH VOLTAGE FOR THE PARTICULAR PRODUCT OR
PART THEREOF WHICH GAVE RISE TO THE APPLICABLE CAUSE OF ACTION, OR
CLAIM, OR (B) ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS
OR LOST DATA, OR (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS,
TECHNOLOGY OR SERVICES. HIGH VOLTAGE SHALL HAVE NO LIABILITY FOR
ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE
CONTROL.
