Terms and Conditions - Product Sales

Rev 2021.07.7
- 10 -
RESPECT TO ANY OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR
NON-INFRINGEMENT.
D. Notwithstanding anything to the contrary implied or stated in the Limited Warranty, PHI will not
be liable for the failure of a Product to perform if:
(a) the failure was caused by neglect, misuse, or mistreatment by a person or entity other
than PHI, including improper installation or testing, or for any Products that were altered or not wired or
connected correctly with any source of electrical power in any way by a person or an entity other than PHI;
or,
(b) the failure resulted from the Buyer’s design, specifications, or instructions for such
Products or improper system design or installation.
E. Notwithstanding anything implied or stated to the contrary in the Limited Warranty, the Limited
Warranty as to any Product shall not take effect for the Product unless Buyer has paid for the Product in a
timely manner, consistent with these Terms of Sale.
F. Notwithstanding anything implied or stated to the contrary in the Limited Warranty, the Limited
Warranty shall be void if Buyer fails to notify PHI of any apparent defects in the Product within ten (10)
business days after delivery, or of any hidden defects within ten (10) business days after the defect has been
detected.
14. Product Suitability. Because local safety standards and regulations vary significantly as to certain
certification programs, PHI cannot guarantee that a Product will meet all applicable requirements in a
specific locality into which the Product will be shipped, sold or used. Therefore, before purchase and use of
a Product, Buyer must (a) review the Product application and whatever national and local code/regulations
apply to the Product or the application and (b) verify that the use, application and installation of the Product
will be in compliance therewith.
15. Matters Pertaining to Delays Defects and Liability:
A. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS
OTHERWISE EXPRESSLY STATED IN THESE TERMS, PHI SHALL NOT BE RESPONSIBLE OR LIABLE IN
ANY WAY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY
RESULTING FROM ANY CAUSE WHATSOEVER, ARISING OUT OF OR RELATED TO ANY PRODUTS
OR SERVICES SUPPLIED BY PHI. IN NO EVENT WILL PHI BE LIABLE FOR ANY LOSS OF REVENUE, OR
CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMGES EVEN IF AWARE OF
THE POSSIBILITY OF SUCH DAMAGES. PHI’S TOTAL LIABILITY WHETHER IN CONTRACT OR IN
TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID TO PHI FOR THE PRODUCTS.
B. Delays. In the event of a delay in delivery beyond a binding delivery date caused by PHI, and in
full compensation of any and all claims and damages Buyer may have incurred resulting from such delay,
PHI’s liability shall be limited to a liquidated damage payment in an amount equal to 0.5% of the amount
invoiced by PHI (as stated in PHI’s Final Invoice) for the Products or Services for each week of delay caused