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Any failure to meet the foregoing conditions of warranty will automatically void
this limited warranty. This warranty gives Buyer specific legal rights, and Buyer
may also have other rights, which vary from State to State, Province to Province or
Country to Country.
DISPUTES
Seller and Buyer agree that all disputes in any way relating to, arising
under, connected with, or incident to this agreement, and over which the federal
courts have subject matter jurisdiction, shall be litigated, if at all, exclusively in the
United States District Court for the State of Delaware, and if necessary, the
corresponding appellate courts. Seller and Buyer further agree that all disputes in
any way relating to, arising under, connected with or incident to this contract, and
over which the federal courts do not have subject matter jurisdiction, shall be
litigated, if at all, exclusively in the Courts of the State of Delaware, and if
necessary, the corresponding appellate courts. Seller and Buyers expressly submit
themselves to the personal jurisdiction of the State of Delaware. Before resorting
to litigation, Seller and Buyer agree to enter into negotiations to resolve the
dispute. If Seller and Buyer are unable to resolve the dispute by good faith
negotiation, either Seller or Buyer may refer the matter to litigation.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, SELLER SHALL NOT BE LIABLE UNDER ANY
THEORY AT LAW, IN EQUITY OR OTHERWISE FOR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES (EVEN IF SELLER HAS BEEN ADVISED OF SAME)
INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES,
THE ENTIRE LIABILITY OF SELLER FOR ANY CLAIM, LOSS, OR
DAMAGES UNDER ANY THEORY AT LAW, IN EQUITY, OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO CONTRACT, TORT, (INCLUDING
INTELLECTUAL PROPERTY INFRINGEMENT, AND NEGLIGENCE), AND
STRICT LIABILITY, ARISING OUT OF THIS AGREEMENT OR ANY
INDEMNIFICATION OBLIGATION THEREOF, THE PERFORMANCE OR
BREACH THEREOF, OR THE SUBJECT MATTER SHALL NOT IN ANY
EVENT EXCEED THE SUM OF PAYMENTS ACTUALLY MADE BY BUYER
TO SELLER PURSUANT TO THIS AGREEMENT, ANY ACTION AGAINST
SELLER MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM
AROSE.
Changes, Errors And Omissions
Klein Marine Systems, Inc. reserves the right to make changes to the design or
specifications at any time without incurring any obligation to modify previously
delivered sonar systems. In addition, while considerable effort has been made to
ensure that the information in this manual is accurate and complete, Klein Marine
Systems, Inc. assumes no liability for any errors or omissions.
Summary of Contents for 5000 V2 Series
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