User's Manual

APPENDIX B. Warranty
IDS GeoRadar s.r.l. MN/2016/011 Rev 1.0 Draft 31/ 36
2. IBIS Product Family is subject to export/import regulations as per EU export
control regime Council Regulation (EC) No. 428/2009 and successive
amendments. The category of exportation for IBIS F product family is 6A008.d.
Buyer warrants that the IBIS Products to be purchased: a) shall not be re-
exported, directly or indirectly, outside Buyer’s country in violation of any law
or regulation or to embargoed or otherwise restricted countries, b) shall not
be used, in the design, development, production or use of chemical, biological,
nuclear ballistic weapons. It is Buyer’s responsibility to know the law
pertaining to export/import procedures in the country of destination of the
Products. Buyer will defend, indemnify and hold Seller harmless against any
liability (including attorney’s fees) arising out of Buyer’s failure to comply with
the terms of this article. Should the Authorities issue an export restriction
which leads to the cancellation of a purchase order already accepted by IDS,
IDS only liability shall be to return to Buyer any account paid without interests.
Buyer shall comply with the laws and procedures in force in the country of
destination of the Products.
3. IBIS can be used in Critical Monitoring for safety purposes applications, like
real time monitoring of unstable slopes including Opencast Mining. Buyer shall
be aware and agree that the assessment of the stability conditions of the
observed target must be tasked to skilled and certified operator/s able to
understand data supplied by either IBIS or others. The performance of IBIS can
be, in fact, influenced either by the parameters introduced by the operator/s
or by particular environmental conditions which may distort its outcomes, thus
giving rise to false or missing alarms.
4. IDS assumes no liability for any direct, indirect special, incidental or
consequential damages or injuries caused by such reliance or for the use of
IBIS Products by operator who have not achieved a training course certified by
IDS. Any person or entity that completely relies on information obtained from
the automated data processing/analysis tools only or by operators who have
not achieved a training course certified by IDS, does so at his own risk
D. Limited Liability
Without prejudice to the exclusion of liability stated at the above Clause C.
1. Seller’s sole obligation and liability under this Agreement shall be limited to
the repair or replacement of the Product, or the refund of the purchase price
at the Seller’s sole option. This Article sets forth the sole and exclusive
remedies for claims based upon defects or nonconformity of the Products,
whether the claim is on contract, warranty, tort (including negligence), strict
liability, or otherwise.
The cumulative liability of Seller, including its subcontractors or suppliers, for any
and all claims, including but not limited to claims based on Seller’s negligence of
any degree, strict liability, breach of contract, warranty, reliance on the accuracy,
reliability, or timeliness of the information provided by the SW, patents or
otherwise, shall not exceed the sums cashed by IDS for the purchased Products,
which give rise to the claim, and any such liability shall terminate upon the
expiration of the warranty period.