Walter SURFOX 54-T 011 Manuel D'utilisateur page 28

SURFOX Smart Passivation Tester
TM
Products which at Customer's request are delivered without complete testing or are otherwise not
finished, are specifically excluded from the Warranty set out herein, and all such Products are sold "as
is". THIS PROVISION STATES CUSTOMER'S EXCLUSIVE AND SOLE REMEDY AND THE ENTIRE
LIABILITY OF WALTER AND ITS SUPPLIERS, AFFILIATES, EMPLOYEES, AGENTS, AND
REPRESENTATIVES UNDER THE WARRANTY.
12. Warranty Restrictions. The Warranty shall be available only to, and may only be claimed or
relied upon by, the Customer. The Warranty does not apply to components that are subject to natural
wear and tear or that require normal maintenance, or to any component of a Product that: (a) has been
altered or modified in any way, except by Walter; (b) has been repaired, replaced or serviced by anyone
other than Walter-authorized service personnel; (c) has not been installed, operated, repaired, treated or
maintained in accordance with this Agreement or with any instructions supplied by Walter, including the
User's Manual supplied by Walter; (d) has been used with any accessories, components or parts other
than those supplied or authorized by Walter, or has been subjected to abnormal physical, environmental
or electrical stress, misuse, abuse, modification, negligence, lack of reasonable care or accident,
including overloading the Product beyond its rated capacity; (e) has been used after a partial failure of
the Product; or (f) is licensed or supplied for beta, evaluation, testing or demonstration purposes.
13. Disclaimer. Except for the Warranty, THE PRODUCTS (AND PRODUCT SOFTWARE) ARE
PROVIDED "AS-IS, WITH ALL FAULTS". WALTER AND ITS SUPPLIERS, LICENSORS, AND
AFFILIATES, MAKE AND OFFER NO REPRESENTATION, WARRANTY, GUARANTEE OR ASSURANCE,
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, DURABILITY,
QUALITY, ACCURACY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR WARRANTIES ARISING
BY COURSE OF DEALING OR CUSTOM OF TRADE, WHETHER DURING OR AFTER THE END OF THE
WARRANTY PERIOD, WITH RESPECT TO THE PRODUCTS (AND PRODUCT SOFTWARE). THERE IS
NO WARRANTY BY WALTER, ITS SUPPLIERS, LICENSORS, OR AFFILIATES, THAT THE FUNCTIONS
CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, OR OTHER HARMFUL
COMPONENTS, OR THAT THE PRODUCT IS ACCURATE IN ITS RESPONSES AND RESULTS. YOU
ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE PRODUCT TO ACHIEVE
YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
Without limiting the generality of the foregoing, there are no representations, warranties, guarantees or
assurances made for Services. No statement or recommendation contained in literature issued by
Walter, including the User Manual issued by Walter, are to be construed as a warranty, representation,
guarantee, or inducement to infringe any relevant patent now or hereafter in existence.
14. Limitation of Liability.
a.
AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY LOST REVENUE, PROFIT,
BUSINESS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR
PUNITIVE DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF THE THEORY OF
LIABILITY (WHETHER FROM NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY,
TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY) ARISING OUT OF
OR IN RELATION TO THIS AGREEMENT, THE SALE, USE OR HANDLING OF THE
PRODUCTS AND/OR THE SERVICES, CUSTOMER'S USE OF OR INABILITY TO USE THE
PRODUCT OR ANY PART THEREOF, PERFORMANCE OF THE PRODUCT, THE NON-PER
FORMANCE OF THE PRODUCT, ERRORS, DEFECTS, OMISSIONS, OR DELAYS IN
OPERATION OR TRANSMISSION OF THR PRODUCT, AND/OR ANY OTHER FAILURE OF
PERFORMANCE OF THE PRODUCT, IN ALL CASES EVEN IF WALTER OR ITS SUPPLIERS,
AFFILIATES, EMPLOYEES, AGENTS, OR REPRESENTATIVES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
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IN NO EVENT SHALL WALTER OR ITS SUPPLIERS, AFFILIATES, EMPLOYEES,