Installation Manual

© Hexagon AB Commercial in Confidence 35
Appendix E: Legal statement
WARNING OF PERSONAL INJURY
As with all traffic awareness, collision avoidance and personal alert devices, Hexagon Mining products may not detect all
threats within the detection window. Hexagon Mining products are intended as an additional tool in determining potential
traffic threats, supporting an alert and conscientious driver. Hexagon Mining products are not designed as a substitute for
proper safe driving and visual traffic scanning procedures; a vigilant effective lookout is required at all times. Hexagon
Mining products only warn the operator of the presence of other vehicles and personnel that are also fitted with Hexagon
Mining products or warn of obstacles that are stored in the internal database. Hexagon Mining products do not substituted
for an experienced and alert operator. The operator of the vehicle remains fully responsible for operating the vehicle and
ensuring the safety of passengers, pedestrians and other traffic. Never use Hexagon Mining products for applications
other than their intended and authorized use. Before installing, handling, using or servicing Hexagon Mining products,
consult the data sheet, manuals and application notes and make yourself thoroughly familiar with the operations and
limitations. Failure to comply with these instructions could result in serious injury or death.
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LIMITED WARRANTY
EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH HEREIN, HEXAGON MAKES NO WARRANTIES, EITHER
EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT. ANY AND ALL WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY
EXCLUDED AND DECLINED. HEXAGON is only liable for defects of this product arising under the conditions of operation
provided for in the data sheet and proper use of the goods. HEXAGON explicitly disclaims all warranties, express or implied,
for any period during which the goods are operated or stored not in accordance with the data sheet. The warranty voids in
the case of the following cases: any opening of the housing, inappropriate operations or installation (see the restrictions in
the respective manuals) and intellectual property violations.
Hexagon Ltd.’s entire liability and customer’s exclusive remedy for Hexagon products that fail to conform to Hexagon Ltd.’s
limited warranty, shall be, at Hexagon Ltd.’s sole option, either repair or replacement of the nonconforming products, or, if
neither is practicable, a refund of the fees paid by customer to Hexagon Ltd. for such products. The warranty for the repaired
or replaced product is limited to the scope and remaining duration of the original warranty for the nonconforming product.
LIMITED LIABILITY
Hexagon Ltd. does not accept any liability arising out of any application or use of any product or circuit and specifically
disclaims any and all liability, including without limitation consequential or incidental damages. All operating parameters,
including without limitation recommended parameters, must be validated for each customer’s applications by customer’s
technical experts. Recommended parameters can and do vary in different applications. HEXAGON LTD.’S LIABILITY TO
CUSTOMER ARISING OUT OF OR RELATING TO ANY HEXAGON PRODUCTS SHALL NOT EXCEED THE
AGGREGATE AMOUNTS PAID BY CUSTOMER TO HEXAGON FOR SUCH HEXAGON PRODUCTS. IN NO EVENT
WILL HEXAGON LTD. BE LIABLE FOR LOST USE, PROFITS, REVENUE, COST OF PROCUREMENT OF SUBSTITUTE
GOODS, OR ANY OTHER SPECIAL, INDIRECT, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY RELATING HERETO. Radio band frequency allocation
and licensing conditions may vary from country to country. The operator is solely responsible for ensuring that Hexagon
products are operated in conformity with the applicable telecommunication laws.
If the customers uses Hexagon products for any unintended or unauthorized application, the customer shall defend,
indemnify and hold harmless Hexagon Ltd. and its officers, employees, subsidiaries, affiliates and distributors against all
claims, costs, damages and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of
personal injury or death associated with such unintended or unauthorized use, even if Hexagon Ltd. shall be allegedly
negligent with respect to the design or the manufacture of the product.
INDEMNIFICATION
Customers agree to indemnify and hold harmless Hexagon Ltd., its subsidiaries, and affiliates, and their
respective successors and assigns, from and against all third party claims, loss, damage or expense, and any
other liabilities whatsoever, including without limitation, reasonable counsel fees, arising from or by reason of
any actual or claimed damages, and/or injuries, or any litigation based thereon, which may be incurred by
Hexagon Ltd. with respect to any of the Hexagon products covered by the order, including use, and such
obligation shall survive acceptance of the Hexagon products and payment therefore by the customer.
INFRINGEMENT
Hexagon Ltd. does not warrant that products and its use will not infringe any patent, copyright or trademark. No specification
shall constitute a warranty, express or implied, against any claims for infringement of patents, copyrights or trademarks.
Customer shall indemnify and hold Hexagon Ltd., its subsidiaries and affiliates, and their respective successors and assigns,
and its customers harmless from any and all third party liability for such infringement, including without limitation damages,
costs, expenses (including reasonable counsel fees), and lost profits arising from any claim that the use of any goods
supplied under the invoice infringe any patent, copyright or trademark rights.