Datasheet


 DISCLAIMER
The information included in this Product Catalogue
(“Catalogue”) is intended to be generic and the related
illustrations are intended for illustration purposes. Any and all
information is being provided for information purposes only and
without responsibility, and Fibox Oy Ab or its aliates makes no
representations or warranties, either expressed or implied, as to
the accuracy or completeness of the information, usability of a
product or fitness of a product for a particular purpose.
Any and all information included in this Catalogue
is subject to change without notice. While Fibox Oy Ab and
it aliates has endeavored to ensure the accuracy of the
information contained in the Catalogue, it does not accept liability
or responsibility for any inaccuracies.
 SELLER’S TERMS AND CONDITIONS
The following terms and conditions cover all sales of
products and rendering of services by Fibox Oy Ab and by any of
its aliates (“Seller”) to Customer. These terms and conditions
will supersede all previous communications, agreements or
contracts, written or verbal, and no understanding, agreement,
term, condition or trade custom at variance herewith will be
binding on Seller. No waiver, amendment or modification of the
terms and conditions hereof will be effective unless in writing and
signed by an ocer of Seller.
. INTELLECTUAL PROPERTY
All process information, drawings, specifications,
instruction manuals, catalogs and other documents furnished by
Seller to Customer for the products sold hereunder shall remain
the property of Seller, or its aliates, as the case may be, and are
furnished subject to the condition that Customer use the same
only for operation, maintenance and repair of the products and
that Customer shall not at any time copy, duplicate, disclose or
publish such information. The purchase or use of Seller’s products
by Customer will not be construed to grant Customer any right,
license, sublicense, title or interest in or to any of Seller’s or
its aliates’ patents, trade names, trademarks, trade secrets,
copyrights and other proprietary rights and information or other
intellectual, proprietary or industrial property pertaining to the
Seller or its products or aliates, all of which are acknowledged
by Customer to be the sole and exclusive property of the Seller or
its aliates, as the case may be.
. FIBOX LIMITED WARRANTY
Seller warrants to Customer that all products and
services provided hereunder will be in accordance with
specifications and substantially free from defects in material and
workmanship under normal use and service for a period of one
year from date of shipment. This warranty will not, however,
apply to any product to the extent the same is, after delivery:
(a) repaired or altered outside of Seller’s or manufacturer’s
factory; or (b) subject to misuse, neglect, accident or improper
storage, installation, assembly, repair or handling; (c) put to other
than normal use or service; or (d) used, maintained, installed,
assembled, stored, handled or repaired under conditions which
exceed the designed capabilities or in a manner which is not in
compliance with Seller’s recommendations or with applicable
laws, regulations or codes. Seller makes no representation or
warranty as to the suitability or compatibility of any product
or service with Customer’s own equipment, materials,
components, products or purpose; and Seller will in no event
have any responsibility for the design, performance, use,
defect or malfunction of Customer’s own equipment, materials,
components or products. Seller’s sole obligation, and Customer’s
sole remedy, under the foregoing warranty will be the repair or, at
Seller’s sole option the replacement, of any product which may
be determined by Seller to be defective, provided that Customer
shall notify Seller in writing of such defects within the one year
warranty period set forth above; and, provided further that
Customer will ship such products to Seller’s oce for repair or
replacement, if necessary. THIS PARAGRAPH SETS FOR THE
EXCLUSIVE REMEDIES FOR CLAIMS BASED ON DEFECT IN
OR FAILURE OF PRODUCTS OR SERVICES, WHETHER THE
CLAIM IS IN CONTRACT, INDEMNITY, WARRANTY, TORT
(INCLUDING SELLER’S NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE AND HOWEVER INSTITUTED. THE FOREGOING
WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES
BY SELLER TO CUSTOMER, AND ARE MADE IN LIEU
OF ALL OTHER WARRANTIES. THERE ARE NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF
LAW OR OTHERWISE, FOR ANY PRODUCT OR SERVICE SOLD
OR FURNISHED HEREUNDER, AND SELLER DISCLAIMS ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. ANY CATOLOGUE, SAMPLE OR
MODEL IS FOR ILLUSTRATIVE PURPOSES ONLY AND SHALL
NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY,
AND NO AFFIRMATION OR PROMISE OR DESCRIPTION, OR
CATALOGUE, SAMPLE OR MODEL SHALL BE DEEMED PART
OF THE BASIS OF THE BARGAIN.
. LIMITATION OF LIABILITY
In no event, whether as a result of breach of contract,
indemnity, warranty, tort (including Seller’s negligence), strict
liability or otherwise, shall Seller’s liability to Customer for any
loss or damage arising out of, or resulting from the products or
services furnished hereunder, exceed the price of the specific
product or service which gives rise to the claim, and any such
liability shall terminate upon the expiration of the warranty
specified in Section . entitled “Warranties.” Any such claim
of liability must be timely commenced in a court of competent
jurisdiction in accordance with the applicable statute of limitations,
but in no event later than one year from the termination of the
said warranty. IN NO EVENT SHALL SELLER, ITS AFFILIATES,
OFFICERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY
INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH OR ARISING FROM
THE PRODUCTS OR SERVICES PROVIDED HEREUNDER,
INCLUDING (WITHOUT LIMITATION) LOSS OF PROFITS OR
REVENUES, INTERRUPTION OF BUSINESS, LOSS OF USE
OF THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT,
MATERIALS, COMPONENTS OR PRODUCTS, DAMAGE TO
ASSOCIATED EQUIPMENT, MATERIALS, COMPONENTS
OR PRODUCTS, COST OF SUBSTITUTE PARTS, OR CLAIMS
OF CUSTOMER’S CUSTOMERS FOR SUCH DAMAGES.
CUSTOMER’S SOLE REMEDY FOR ANY LIABILITY OF SELLER
OF ANY KIND IS LIMITED TO THE REPAIR OR REPLACEMENT
OF DEFECTIVE PRODUCTS OR SERVICES AS PROVIDED IN
THE IMMEDIATELY PRECEDING PARAGRAPH. CUSTOMER’S
SOLE RECOURSE FOR DAMAGES IN CONNECTION WITH OR
ARISING FROM THE PRODUCTS OR SERVICES PROVIDED
HEREUNDER, WHETHER AS A RESULT OF BREACH OF
CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING
SELLER’S NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
SHALL BE AGAINST SELLER, AND CUSTOMER AGREES THAT
NEITHER THE MANUFACTURER NOR SELLER’S AFFILIATES,
OFFICERS, EMPLOYEES, STOCKHOLDERS OR AGENTS SHALL
HAVE ANY LIABILITY THEREFOR.
. FIBOX GENERAL TERMS
The Seller shall deliver the products and render the
services to Customer in accordance with Fibox General Terms.
However, in case of any discrepancy between Fibox General
Terms and the Seller’s Terms and Conditions as provided for in
this Catalogue, the Seller’s Terms and Conditions shall prevail.
Die Fibox AGB`s in deutscher Ausführung finden Sie unter
http://www.fibox.de//AGB_GER.html