Operating instructions

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Limitations. EXCEPT FOR NUFORCE’ LIMITED WARRANTY SET FORTH IN
SECTION 0 ABOVE, NUFORCE SPECIFICALLY DISCLAIMS ANY AND ALL
EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF
MERCHANTABILITY AND AGAINST INFRINGEMENT. THE EXPRESS
WARRANTY IN SECTION 0 ABOVE SHALL EXTEND TO BUYER ONLY AND NOT
TO BUYER’S CUSTOMERS OR ANY THIRD PARTY. NO PERSON IS AUTHORIZED
TO MAKE ANY WARRANTY OR REPRESENTATION ON BEHALF OF NUFORCE
CONCERNING THE PRODUCTS OTHER THAN THE LIMITED WARRANTY
EXPRESSLY SET FORTH IN SECTION 0. BUYER WILL BE SOLELY RESPONSIBLE
FOR AND WILL INDEMNIFY, DEFEND AND HOLD HARMLESS NUFORCE FROM
AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS AND EXPENSES
RELATED TO ANY WARRANTIES WITH RESPECT TO THE PRODUCTS OTHER
THAN THOSE SET FORTH IN SECTION 0 OR ANY USE OF THE PRODUCTS OR
RESALE OF THE PRODUCTS.
Liability
. With respect to any claims asserting breach of the limited warranty set forth in
Section 0, NuForce’ exclusive liability and Buyer’s sole remedy, is at NuForce’ option, to
replace or repair the defective Product or to issue credit to Buyer for the purchase price of
the Product (without interest), provided that prior to any replacement, repair or credit the
following conditions are satisfied: (i) NuForce is promptly notified in writing by Buyer upon
discovery of any such default; (ii) the defective Product is returned to NuForce,
transportation charges prepaid by Buyer, accompanied by a brief statement explaining the
alleged defect; and (iii) NuForce’ examination of such Product shall disclose to NuForce’
satisfaction that such failures did not arise as a result of misuse, abuse, improper installation
or application, repair, alteration, or accident, or negligence in use, storage, transportation or