CLEARZONE BREEZE Manuel - Page 12

Parcourez en ligne ou téléchargez le pdf Manuel pour {nom_de_la_catégorie} CLEARZONE BREEZE. CLEARZONE BREEZE 13 pages. Air purification system with hydroclear technology

Imprimer la page

is Buyer's exclusive remedy for breach of warranty. If applicable law prohibits this limitation of Buyer's remedies, then

ClearZone agrees that the maximum amount Buyer may claim from ClearZone is the net purchase price Buyer actually paid to

ClearZone for the Product determined to be defective.

BUYER AGREES THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY CLEARZONE BEYOND THIS LIMITED

WARRANTY. CLEARZONE EXPRESSLY EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, BREAKING, STRENGTH, SHRINKAGE,

ABSENCE OF MINOR IMPAIRMENTS, PHYSICAL OR CHEMICAL QUALITIES OR VARIATION IN THICKNESS, OR SIZE. BUYER

ACKNOWLEDGES THAT IT IS THE SOLE RESPONSIBILITY OF BUYER TO ASCERTAIN THE SUITABILITY OF THE PRODUCTS

FOR ANY USE. BUYER ACKNOWLEDGES THAT CLEARZONE HAS NOT MADE ANY REPRESENTATION OR WARRANTY,

EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION, QUALITY, DESCRIPTION, DURABILITY OR

SUITABILITY OF THE PRODUCTS WHICH BUYER HAS PURCHASED FROM CLEARZONE. Buyer shall assume all risks and

liabilities arising out of possession, use, or resale of the Products, including, but not limited to, any risk or liability based on

alleged negligence on the part of ClearZone.

6. LIMITATION OF CLAIMS. Except as agreed in the Limited Warranty set forth above, ClearZone shall not be responsible for any

harm arising directly or indirectly out of Buyer's purchase, possession or use of any Product, whether based in contract,

warranty, negligence or other tort, strict liability, or otherwise. CLEARZONE SHALL NOT BE LIABLE FOR INDIRECT,

CONSEQUENTIAL, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS,

EQUIPMENT DOWNTIME, COST OF ANY SUBSTITUTE FOR PRODUCTS, CLAIMS OF THIRD PARTIES OR INJURY TO

PERSONS OR PROPERTY. THIS LIMITATION SHALL APPLY NOTWITHSTANDING A FINDING THAT ANY REMEDY FAILS OF

ITS ESSENTIAL PURPOSE.

7. ADVICE AND OTHER SERVICES. Buyer agrees that ClearZone will not have control over the design, testing or labeling of any

product produced using the Products, and that Buyer is not relying on any representation or statement made by, or on behalf

of, ClearZone with respect to the suitability of any Product for any purpose, or on any advice, recommendation or information

obtained from ClearZone's product literature or web sites, including any design aid or other service made available by

ClearZone. Buyer agrees and acknowledges it has tested and investigated the Products enough to form an independent

judgment concerning their suitability for the use, conversion or processing intended by Buyer and shall not make any claim

against ClearZone based on ClearZone's advice, statements, information, services or recommendations.

8. INTELLECTUAL PROPERTY. Any suggestions ClearZone may make about possible articles, designs or uses of Products do not

give Buyer a license under any patent or other intellectual property right covering such articles, designs or uses, nor are they a

recommendation that Buyer use any Product in a manner that may infringe any patent or other intellectual property right.

Except as otherwise stated in this paragraph, if there is a claim that any Product, in the form in which ClearZone sold it to

Buyer, infringes another company's or person's patent or other intellectual property right in the jurisdiction in which such sale

took place, then (i) ClearZone will defend Buyer against such claim, and indemnify Buyer against all reasonable costs of such

defense incurred by Buyer, and (ii) if any Product subject to such a claim is determined to infringe another company's or

person's patent or other intellectual property right, ClearZone shall, at its sole option and expense, either procure for Buyer the

right to continue using the Product or accept return of the Product from Buyer and refund the purchase price thereof. The

foregoing states the entire obligation of ClearZone for intellectual property infringement. Notwithstanding the foregoing,

ClearZone shall not be responsible for, and Buyer shall indemnify and hold ClearZone harmless against, any damages and

costs incurred by ClearZone as a result of any claim of infringement of another company's or person's patent or other

intellectual property right that arises from ClearZone's compliance with any speciﬁcation or instruction provided by Buyer to

procure certain products. In the event that Buyer shall become aware of any claim of the type described above, it will promptly

notify ClearZone in writing and give ClearZone all necessary information, assistance and exclusive authority for the defense of

any such claim and its settlement.

9. EVENTS BEYOND CLEARZONE'S CONTROL. ClearZone shall not be responsible if ClearZone's performance of any obligation

hereunder (other than the payment of money) is delayed or becomes impossible or commercially unreasonable due to any

cause or event beyond ClearZone's reasonable control, including, without limitation, acts of God, acts of any governmental

authority, acts of Buyer, acts of terrorism, war, civil disturbance, labor disruption or strike, ﬁre, explosion, release of dangerous

or hazardous materials, inability to obtain necessary raw materials, utilities, transportation, machinery or services, supplier

delays, and any similar or dissimilar cause or event.

10. HEALTH AND SAFETY COMPLIANCE. ClearZone will give Buyer Safety Data Sheets ("SDSs") or Material Safety Data Sheets or

"MSDSs") as applicable, for Products sold hereunder. Buyer understands that some Products may be hazardous materials or

hazardous substances under various laws and regulations when handled or processed. Buyer agrees to familiarize itself

(without further reliance on ClearZone) with any hazards of the Products, their processing and applications. Buyer agrees to

provide the SDSs or MSDSs, as applicable, to all those required by law to receive same and to inform and train its employees,

and properly warn and instruct its customers, as to hazards identiﬁed in the SDSs or MSDSs, or discovered by Buyer in its

investigations. Buyer acknowledges that it has consulted ClearZone's documents, including information set forth on

ClearZone's Safety Data Sheets regarding the Products and other technical bulletins and publications containing safety, health,

handling and environmental hazard information concerning Products and their properties, that it has read and it understands

such information, and that it agrees to incorporate such information into its personnel safety programs. Buyer agrees to

properly manage all by-products resulting from use of all Products. Buyer agrees to indemnify and save harmless ClearZone in

the event Buyer fails to comply with its obligations in this paragraph.

www.clearzone.ca | 226.236.8986

In The ClearZone Corp. 2020.

READ AND SAVE THESE TERMS AND CONDITIONS

Issued: .05.12. 2020