KRSL series
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Use of Products:
Unless otherwise specified. Products sold by Seller are not designed, intended
or authorized for use in life support, life sustaining, nuclear, or other applications in which the
failure of such Products could reasonably be expected to result in personal injury, loss of life or
catastrophic property damage. If buyer uses or sales the Products for use in any such applications:
(1) Buyer acknowledges that such use or sale is at Buyer’s sole risk; (2) Buyer agrees that Seller
and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage
arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the
manufacturer of the Products harmless from and against any and all claims, damages, losses, costs,
expenses and liabilities arising out of or in connection with such use or sale.
Force Majeure:
Seller is not liable for failure to fulfill its obligations for any accepted Order or
for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited
to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product,
acts or omissions of other parties, acts or omissions of civil or military authority, Government
priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine
restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or
products through its regular sources, which shall be considered as an event of force majeure
excusing Seller from performance and barring remedies for non-performance. In an event of
force majeure condition, the Seller’s time for performance shall be extended for a period equal to
the time lost as a consequence of the force majeure condition without subjecting Seller to any
liability or penalty. Seller may, at its option, cancel the remaining performance, without any
liability or penalty, by giving notice of such cancellation to the Buyer.
General:
(a) Seller will comply with state law for any dispute from buyer. (b) Buyer may not
assign this Agreement without the prior written consent of Seller. Seller or its affiliates may
perform the obligations under this Agreement. This Agreement is binding on successor and
assigns, (c) Products, including software or other intellectual property, are subject to any
applicable rights of third parties, such as patents, copyrights and/or user licenses.
