Specifications

August 2018 xcore ascend
™
Page 6 of 6
losses, expenses, and inconveniences, special, indirect, secondary or consequential, incidental, and contingent
damages whatsoever, including damages arising from ownership or use of the product.
Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the duration of the express
warranty set forth herein. If END USER has a claim under this Limited Warranty or under any implied warranties provided to
END USER by state law, END USER may not file a court action based on that claim any later than one (1) year after END
USER’s right to file a court action accrues. In those states which do not allow this limitation on the time period for filing a court
action, this provision is inapplicable.
VII. Sellers Liability
SELLER’s liability with respect to the Product sold to END USER shall be limited to the warranty provided herein.
SELLER shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort
(including negligence and strict liability) or other theories of law, with respect to products sold or services rendered by the
seller, or any undertaking, acts or omissions relating thereto.
Without limiting the foregoing, SELLER specifically disclaims any liability for property or personal injury damages,
penalties, special or punitive damages, damages for lost profits or revenues, services, downtime, shut down or slow down
costs, or for any other types of economic loss, and for claims of END USER’s customers or any third party for any such
damages. SELLER shall not be liable for and disclaims all consequential, incidental and contingent damages
whatsoever.
VIII. Miscellaneous
Any description of the Product, whether in writing or made orally by SELLER or SELLER’s agents, specifications,
samples, models, bulletins, drawings, diagrams or similar materials used in connection with END USER’s order, are for
the sole purpose of identifying the Product and shall not be construed as an express warranty. Any suggestions by
SELLER or SELLER’s agents regarding use, application, or suitability of the Product shall not be construed as an express
warranty unless confirmed in writing by SELLER to be such.