Cut Sheet

Volume 7—Logic Control, Operator Interface and Connectivity Solutions CA08100008E—February 2014 www.eaton.com V7-A1-5
Appendix 1—Eaton Terms & Conditions
Effective Date: November 1, 2008
Returning Products
Authorization and shipping
instructions for the return
of any Products must be
obtained from Seller before
returning the Products.
When return is occasioned
due to Seller error, full credit
including all transportation
charges will be allowed.
Product Notices
Buyer shall provide the user
(including its employees) of
the Products with all Seller
supplied Product notices,
warnings, instructions,
recommendations, and
similar materials.
Force Majeure
Seller shall not be liable for
failure to perform or delay
in performance due to fire,
flood, strike or other labor
difficulty, act of God, act of
any governmental authority or
of the Buyer, riot, embargo,
fuel or energy shortage, car
shortage, wrecks or delays in
transportation, or due to any
other cause beyond Seller’s
reasonable control. In the
event of delay in performance
due to any such cause, the
date of delivery or time for
completion will be extended
by a period of time reasonably
necessary
to overcome the
effect of such delay.
Liquidated Damages
Contracts which include
liquidated damage clauses for
failure to meet shipping or job
completion promises are not
acceptable or binding on
Seller, unless such clauses
are specifically accepted in
writing by an authorized
representative of the Seller at
its headquarters office.
Patent Infringement
Seller will defend or, at its
option, settle any suit or
proceeding brought against
Buyer, or Buyer’s customers,
to the extent it is based upon
a claim that any Product or
part thereof, manufactured by
Seller or its subsidiaries and
furnished hereunder,
infringes any United States
patent, other than a claim of
infringement based upon use
of a Product or part thereof in
a process, provided Seller is
notified in reasonable time
and given authority,
information and assistance
(at Seller’s expense) for the
defense of same. Seller shall
pay all legal and court costs
and expenses and court-
assessed damages awarded
therein against Buyer
resulting from or incident to
such suit or proceeding. In
addition to the foregoing, if at
any time Seller determines
there is a substantial question
of infringement of any United
States patent, and the use of
such Product is or may be
enjoined, Seller may, at its
option and expense: either (a)
procure for Buyer the right to
continue using and selling the
Product; (b) replace the
Product with non-infringing
apparatus; (c) modify the
Product so it becomes non-
infringing; or (d) as a last
resort, remove the Product
and refund the purchase
price, equitably adjusted for
use and obsolescence. In no
case does Seller agree to pay
any recovery based upon its
Buyer’s savings or profit
through use of Seller’s
Products whether the use be
special or ordinary. The
foregoing states the entire
liability of Seller for patent
infringement.
The preceding paragraph
does not apply to any claim of
infringement based upon: (a)
any modification made to a
Product other than by Seller;
(b) any design and/or
specifications of Buyer to
which a Product was
manufactured; or (c) the use
or combination of Product
with other products where
the Product does not itself
infringe. As to the above-
identified claim situations
where the preceding
paragraph does not apply,
Buyer shall defend and hold
Seller harmless in the same
manner and to the extent as
Seller’s obligations described
in the preceding paragraph.
Buyer shall be responsible for
obtaining (at Buyer’s
expense) all license rights
required for Seller to be able
to use software products in
the possession of Buyer
where such use is required in
order to perform any Service
for Buyer.
With respect to a Product or
part thereof not manufactured
by Seller or its subsidiaries,
Seller will attempt to obtain
for Buyer, from the supplier(s),
the patent indemnification
protection normally provided
by the supplier(s) to
customers.
Compliance with OSHA
Seller offers no warranty and
makes no representation that
its Products comply with the
provisions or standards of the
Occupational Safety and
Health Act of 1970, or any
regulation issued thereunder.
In no event shall Seller be
liable for any loss, damage,
fines, penalty or expenses
arising under said Act.
Limitation of Liability
THE REMEDIES OF THE
BUYER SET FORTH IN THIS
CONTRACT ARE EXCLUSIVE
AND ARE ITS SOLE
REMEDIES FOR ANY
FAILURE OF SELLER
TO COMPLY WITH ITS
OBLIGATIONS HEREUNDER.
NOTWITHSTANDING
ANY PROVISION IN THIS
CONTRACT TO THE
CONTRARY, IN NO EVENT
SHALL SELLER BE LIABLE
IN CONTRACT, IN TORT
(INCLUDING NEGLIGENCE
OR STRICT LIABILITY) OR
OTHERW
ISE FOR DAMAGE
TO PROP
ERTY OR
EQUIPMENT OTHER THAN
PRODUCTS SOLD
HEREUNDER, LOSS OF
PROFITS OR REVENUE,
LOSS OF USE OF
PRODUCTS, COST OF
CAPITAL, CLAIMS OF
CUSTOMERS OF THE
BUYER OR ANY SPECIAL,
INDIRECT, INCIDENTAL OR
CONSEQUENTIAL
DAMAGES WHATSOEVER,
REGARDLESS OF WHETHER
SUCH POTENTIAL
DAMAGES ARE
FORESEEABLE OR IF
SELLER HAS BEEN ADVISED
OF THE POSSIBILITY OF
SUCH DAMAGES.
THE TOTAL CUMULATIVE
LIABILITY OF SELLER
ARISING FROM OR
RELATED TO THIS
CONTRACT WHETHER
THE CLAIMS ARE BASED
IN CONTRACT, IN TORT
(INCLUDING NEGLIGENCE
OR STRICT LIABILITY) OR
OTHERWISE, SHALL NOT
EXCEED THE PRICE OF THE
PRODUCT OR SERVICES
ON WHICH SUCH LIABILITY
IS BASED.