Exclusive Remedy; Exclusion Of Consequential Damage - MSA ALTAIR 5 Manuel D'utilisation

1.3.1 Warranty
This warranty does not cover filters, fuses, etc. Certain other
accessories not specifically listed here may have different warranty
periods. This warranty is valid only if the product is maintained and
used in accordance with Seller's instructions and/or recommendations.
The Seller shall be released from all obligations under this warranty in
the event repairs or modifications are made by persons other than its
own or authorized service personnel or if the warranty claim results from
physical abuse or misuse of the product. No agent, employee or
representative of the Seller has any authority to bind the Seller to any
affirmation, representation or warranty concerning this product. Seller
makes no warranty concerning components or accessories not
manufactured by the Seller, but will pass on to the Purchaser all
warranties of manufacturers of such components.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESSED, IMPLIED OR STATUTORY, AND IS STRICTLY LIMITED
TO THE TERMS HEREOF. SELLER SPECIFICALLY DISCLAIMS ANY
WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
PARTICULAR PURPOSE.

1.3.2 Exclusive Remedy

It is expressly agreed that Purchaser's sole and exclusive remedy for
breach of the above warranty, for any tortious conduct of Seller, or for
any other cause of action, shall be the replacement at Seller's option, of
any equipment or parts thereof, which after examination by Seller is
proven to be defective.
Replacement equipment and/or parts will be provided at no cost to
Purchaser, F.O.B. Seller's Plant. Failure of Seller to successfully replace
any nonconforming equipment or parts shall not cause the remedy
established hereby to fail of its essential purpose.

1.3.3 Exclusion of Consequential Damage

Purchaser specifically understands and agrees that under no
circumstances will seller be liable to purchaser for economic, special,
incidental or consequential damages or losses of any kind whatsoever,
including but not limited to, loss of anticipated profits and any other loss
caused by reason of nonoperation of the goods. This exclusion is
applicable to claims for breach of warranty, tortious conduct or any other
cause of action against seller.
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