Laserfiche WebLink
40 <br />40 <br />BUYER REMEDIES FOR CLAIMS (EXCEPT AS TO TITLE) <br />BASED UPON DEFECTS IN OR NONCONFORMITY OF THE <br />PRS REPLACEMENT PRODUCTS, WHETHER THE CLAIM IS IN <br />CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), <br />STRICT LIABILITY OR OTHERWISE, AND HOWEVER ARISING <br />OR INSTITUTED. UPON THE EXPIRATION OF THE <br />APPLICABLE WARRANTY PERIOD, ALL SUCH LIABILITY OF <br />SELLER SHALL TERMINATE. THE FOREGOING WARRANTIES <br />ARE 'EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, <br />WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR <br />STATUTORY. NO IMPLIED OR STATUTORY WARRANTIES OF <br />MECHANTABILITY OR FITNESS FOR A PARTICULAR <br />PURPOSE AND NO OTHER EXPRESS WARRANTIES SHALL <br />APPLY, AND ALL OF SUCH EXPRESS AND IMPLIED <br />WARRANTIES ARE HEREBY RELEASED AND WAIVED BY <br />BUYER. IN NO EVENT SHALL SELLER BE DIRECTLY OR <br />INDIRECTLY LIABLE FOR ANY INCIDENTAL, CONSEQUENTAL, <br />SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, <br />LOSSES OR EXPENSES. <br />H. NO COMMUNICATIONS OR ACTS BY OR ON BEHALF OF <br />SELLER IN PERFORMING THIS CONTRACT, INCLUDING <br />TRAINING OR INSTALLATION SHALL BE DEEMED TO EXPAND <br />OR INCREASE ANY WARRANTY IN THIS CONTRACT OR TO <br />CREATE ANY NEW WARRANTY OF ANY KIND, WHETHER <br />BASED UPON ANY AFFIRMATION OF FACT OR OPINION, ANY <br />DESCRIPTION OF ANY GOODS OR SERVICES, ANY SAMPLES, <br />MODELS OR DEMONSTRATIONS, OR OTHERWISE, AND ALL <br />COMMUNICATIONS AND DEALING BY OR ON BEHALF OF <br />SELLER SHALL BE DEEMED TO BE QUALIFIED BY AND <br />SUBJECT TO THIS CONTRACT. <br />11. Year 2000 Readiness Warranty <br />With regard to both the PRS Replacement Products and those PRS <br />Manufactured Products identified In the Audit Form which are not removed <br />and replaced by PRS Replacement Products or otherwise labelled in the <br />Audit Form as Excluded Products (collectively, the "Covered Products"), <br />Seller warrants that the Covered Products by themselves will be "Year <br />2000 Ready", which shall be described as the ability to correctly process <br />date data as defined in Rules 1 through 4 below (and subject to the terms <br />and conditions of this Contract as to Vendor Products, Excluded Products <br />and other matters outside Se!ler's control, such as the failure of third party <br />operating system software platforms, including DOS and PDP based <br />products, to be upgraded to Year 2000 Readiness by those Inird parties): <br />G 1 ,: I l"nntrao Y M CnntracI &1111cxlic final vMelm dnt I ' <br />q . , `4 d rn <br />