USER'S GUIDE____________________________________________________________________
b)
the allegedly defective Product or part shall, should Vaisala so
require, be sent to the works of Vaisala or to such other place as
Vaisala may indicate in writing, freight and insurance prepaid and
properly packed and labelled, unless Vaisala agrees to inspect and
repair the Product or replace it on site.
This warranty does not however apply when the defect has been caused
through
a)
normal wear and tear or accident;
b)
misuse or other unsuitable or unauthorized use of the Product or
negligence or error in storing, maintaining or in handling the
Product or any equipment thereof;
c)
wrong installation or assembly or failure to service the Product or
otherwise follow Vaisala's service instructions including any
repairs or installation or assembly or service made by unauthorized
personnel not approved by Vaisala or replacements with parts not
manufactured or supplied by Vaisala;
d)
modifications or changes of the Product as well as any adding to it
without Vaisala's prior authorization;
e)
other factors depending on the Customer or a third party.
Notwithstanding the aforesaid Vaisala's liability under this clause shall
not apply to any defects arising out of materials, designs or instructions
provided by the Customer.
This warranty is expressly in lieu of and excludes all other conditions,
warranties and liabilities, express or implied, whether under law, statute
or otherwise, including without limitation ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A
PARTICULAR PURPOSE and all other obligations and liabilities of
Vaisala or its representatives with respect to any defect or deficiency
applicable to or resulting directly or indirectly from the Products supplied
hereunder, which obligations and liabilities are hereby expressly
cancelled and waived. Vaisala's liability shall under no cir-cumstances
exceed the invoice price of any Product for which a warranty claim is
made, nor shall Vaisala in any circumstances be liable for lost profits or
other consequential loss whether direct or indirect or for special damages.
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