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Kapsch TrafficCom USA, Inc. /ic7pgCh
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<br />installation of equipment/performance of services or portions thereof but not to exceed eighteen months*
<br />from shipment, provided Purchaser must give Seller immediate written notice upon discovery of the
<br />defect and immediately ceases use of equipment to prevent further damage. Seller's obligation is limited
<br />to furnishing a repaired or replacement part or, at its option, to repairing the defective part F.O.B. Seller's
<br />plant. Purchaser shall pay cost of field labor. This warranty excludes equipment or services damaged
<br />due to: abuse: accident; alteration or repair by anyone other than Seller's authorized representatives;
<br />improper storage; misuse; improper maintenance; failure to observe instructions; improper or
<br />unauthorized access or use; hacker or cracker intrusion or disruption; distributed denial of service
<br />attacks; computer viruses or worms; loss, theft, misuse, alteration or corruption of data, programs or
<br />Information; failure of network security; or other acts, omissions, torts or crimes.
<br />Seller reserves the right to investigate claims by Purchaser as to defects. Buyer shall pay costs to
<br />investigate invalid claims and for any repair or replacement shown by investigation not to be covered by
<br />warranty.
<br />Products supplied but not manufactured by Seller shall be subject only to the warranty extended by the
<br />original manufacturer.
<br />THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF ALL
<br />OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR, IMPLIED (INCLUDING ALL
<br />WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL
<br />WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE), EXCEPT OF TITLE
<br />AND AGAINST PATENT INFRINGEMENT.
<br />.or such period as required by specifications
<br />9. LIMITATION OF LIABILITY. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, OR
<br />CONSEQUENTIAL DAMAGES ARISING IN ANY WAY WHATSOEVER. Seller, its contractors and
<br />suppliers of any tier, shall not be liable in contract, tort or otherwise for damage to or loss of other
<br />property or equipment or systems, cost of capital, cost of replacement power or equipment, increased
<br />operating expenses, delay damages, or claims of Purchaser's customers no matter how caused,
<br />including if caused by: abuse; accident; alteration or repair by anyone other than Seller's authorized
<br />representatives; improper storage; misuse; improper maintenance; failure to observe instructions;
<br />improper or unauthorized access or use; hacker or cracker intrusion or disruption; distributed denial of
<br />service attacks; computer viruses or worms; loss, theft, misuse, alteration or corruption of data, programs
<br />or information; failure of network security; or other acts, omissions, torts or crimes.
<br />Purchaser's remedies stated herein are exclusive and the Seller's liability with respect to any contract, or
<br />the performance or breach thereof, relating in any way to any work or equipment covered by this
<br />contract, whether in contract, tort, or otherwise shall not exceed the price of the particular equipment or
<br />part or service for which such liability is claimed. This provision shall survive termination of the contract.
<br />10. PATENT OR COPYRIGHT INFRINGEMENT. Subject to the following provisions, Seller shall, at its own
<br />expense, defend or at its option settle any claim, suit, or proceeding ("Claim") brought against Purchaser,
<br />so far as based on an allegation that any goods, material, equipment, device, computer program, or
<br />article, or any part thereof (hereinafter "Product") furnished hereunder constitutes a direct or contributory
<br />infringement of any claim of any U.S. patent or copyright. The obligation shall be effective only if
<br />Purchaser has made all payments due, notifies Seller promptly in writing, and gives information and
<br />assistance for the defense of the Claim. Seller shall pay all damages and costs awarded in defending
<br />such claim. If the Product furnished becomes the subject for any Claim for infringement of any U.S.
<br />patent or copyright, or if adjudication states that such Product infringes any U.S. patent or copyright, or if
<br />Kapsch TrafticCom USA, Inc. 1 4256 Hacienda Drive, Suite 100 1 Pleasanton, CA 94588 1 Phone 925 225 1600 1 Fax 925 225 1610 1 eo w.kapsch.us
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