User's Manual

APPENDIX D –WARRANTY CONDITIONS
IDS GeoRadar S.r.l. MNG/2017/009 Rev 1.1 52/ 54
product family is 6A008.d. Buyer warrants that the IBIS Products to be purchased: a) shall not be re-
exported, directly or indirectly, outside Buyer’s country in violation of any law or regulation or to
embargoed or otherwise restricted countries, b) shall not be used, in the design, development,
production or use of chemical, biological, nuclear ballistic weapons. It is Buyer’s responsibility to know
the law pertaining to export/import procedures in the country of destination of the Products. Buyer will
defend, indemnify and hold Seller harmless against any liability (including attorney’s fees) arising out of
Buyer’s failure to comply with the terms of this article. Should the Authorities issue an export restriction
which leads to the cancellation of a purchase order already accepted by IDS GeoRadar, IDS GeoRadar
only liability shall be to return to Buyer any account paid without interests. Buyer shall comply with the
laws and procedures in force in the country of destination of the Products.
IBIS can be used in Critical Monitoring for safety purposes applications, like real time monitoring of
unstable slopes including Opencast Mining. Buyer shall be aware and agree that the assessment of the
stability conditions of the observed target must be tasked to skilled and certified operator/s able to
understand data supplied by either IBIS or others. The performance of IBIS can be, in fact, influenced
either by the parameters introduced by the operator/s or by particular environmental conditions which
may distort its outcomes, thus giving rise to false or missing alarms.
IDS GeoRadar assumes no liability for any direct, indirect special, incidental or consequential damages
or injuries caused by such reliance or for the use of IBIS Products by operator who have not achieved a
training course certified by IDS GeoRadar. Any person or entity that completely relies on information
obtained from the automated data processing/analysis tools only or by operators who have not
achieved a training course certified by IDS GeoRadar, does so at his own risk
Limited Liability
Without prejudice to the exclusion of liability stated at the above Clause C.
Seller’s sole obligation and liability under this Agreement shall be limited to the repair or replacement of
the Product, or the refund of the purchase price at the Seller’s sole option. This Article sets forth the
sole and exclusive remedies for claims based upon defects or nonconformity of the Products, whether
the claim is on contract, warranty, tort (including negligence), strict liability, or otherwise.
The cumulative liability of Seller, including its subcontractors or suppliers, for any and all claims,
including but not limited to claims based on Seller’s negligence of any degree, strict liability, breach of
contract, warranty, reliance on the accuracy, reliability, or timeliness of the information provided by the
SW, patents or otherwise, shall not exceed the sums cashed by IDS GeoRadar for the purchased
Products, which give rise to the claim, and any such liability shall terminate upon the expiration of the
warranty period.