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Dear Valued Customer:
Thank you for your recent request to
Heraeus Vadnais, Inc. regarding the production of a
component part (the "Component") for your device
(the "Device). It is our policy to inform our Customers
of our limitation of warranty.
- HVT warrants to Customer that the Component shall
be manufactured in accordance
with the Customer’s published
specifications for the Component for use in the Device
(the "Manufacturer’s Published
Specifications"). HVT makes no representation
or warranty of any kind, and undertakes no independent
investigation, regarding the quality of any raw
materials or components obtained from the Customer or
third party suppliers which are used in the Component.
HVT relies solely on a raw material or components
certificate obtained from the Customer or third party
suppliers certifying that such raw materials conform to
the Manufacturer’s Published Specifications. This is
HVT’s sole warranty. This warranty will not apply
if the Component has been damaged, misapplied or
misused. HVT shall replace free of charge defective
Components. This is your sole remedy. HVT HEREBY
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
HVT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF
ANY TYPE ARISING OUT OF THE USE OF THE COMPONENT BY
CUSTOMER. IN NO EVENT SHALL HVT’s LIABILITY EXCEED
THE PURCHASE PRICE PAID FOR THE DEFECTIVE COMPONENT.
- Customer has the sole obligation and responsibility to
undertake quality control testing
of the Component in accordance with
applicable law. HVT makes no representation or
warranty regarding the testing of the Component and/or
the Device or the Manufacturer’s Published
Specifications. HVT assumes no liability whatsoever
arising out of or resulting from the actions of Customer
including the testing of the Component and/or the
Device. All such testing shall be at the sole risk of
Customer.
- Customer shall indemnify, protect, defend, and hold
HVT, its parent corporation, and
their respective successors and assigns
and the shareholders, directors, officers, employees and
agents of each, harmless from and against any and all
costs, claims, losses, damages, liabilities, and expenses
(including reasonable attorneys' fees) howsoever incurred
arising out of or resulting from the testing, use, sale,
or distribution of the Component or the Device in any
manner unless it is conclusively shown that such loss
resulted from a breach of HVT’s sole express warranty
contained in Section 1 above.
The terms and conditions contained herein
constitute the entire agreement between the parties
pertaining to the subject matter herein and supersedes all
prior, contemporaneous or subsequent agreements,
representations and understandings of the parties wherever
or however expressed or contained including terms and
conditions contained on purchase orders of Customer. The
foregoing shall apply to each sale of goods between us
whether by purchase order or otherwise.
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