User's Manual Part 2

GS550 UNDERHOOK
25
ChApTEr 9: LimiTEd wArrANTy - ApriL 1ST, 2013
Arab Emirates) (the “Territory”). LSI will not pay any
transportation costs of replacement or repaired parts
to a destination outside of the Territory. Shipping and
handling costs to locations outside the Territory shall be
the responsibility of and borne by Purchaser or Owner of
the Product prior to any shipment by LSI. (Contact LSI to
obtain a Return Authorization Number and the address to
ship parts).
9.3 Exclusion of Other Warranties
THE ABOVE WARRANTY IS THE SOLE WARRANTY
APPLICABLE AND THERE ARE NO EXPRESS, LEGAL OR
IMPLIED WARRANTIES OR CONDITIONS IN RELATION
TO ANY PRODUCTS INCLUDING ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE AND THOSE OTHERWISE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE
OF DEALING OR USAGE OF TRADE, WHICH ARE
EXPRESSLY DISCLAIMED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY LSI OR ITS
EMPLOYEES OR REPRESENTATIVES SHALL CREATE A
WARRANTY OR CONDITION OR IN ANY WAY INCREASE
THE SCOPE OF LSI’S OBLIGATIONS. LSI DOES NOT
WARRANT THAT THE BUSINESS RESULTS OBTAINED
FROM THE USE OF THE PRODUCTS WILL BE
APPROPRIATE OR ADEQUATE FOR THE PURCHASER.
9.4 Exclusion
This Limited Warranty does not cover and shall not apply
to:
• Any Product that is misused or abused, including
being altered, modified or repaired not in accordance
with LSI written instructions or authorizations or
used not in compliance with LSI’s instructions and/or
industry standards and practices;
• Any incidental costs or expense, such as shipping
charges to LSI or an designated service representative
as well as the technician out-of-pocket expenses
including traveling, lodging and meal expenses, if any;
The damages caused during the transport or the
moving of the Product;
• Damages caused by accidents, abuse, misuse, a
force majeure (described as events outside a LSI’s or
any Product user’s control, including war, riot, strikes,
embargoes) or external cause;
• Any cost, damage or expenses for field labor or
any other expenses related to or arising from the
replacement of defective parts.
• Products used for pile-driving, wire rope activated
clamshell or dragline applications. If purchaser uses
the Products for pile-driving, wire rope activated
clamshell or dragline application, the Limited Warranty
will be deemed to have been violated for abuse.
• Any costs associated with providing LSI with data
logging equipment.
9.5 Limitation of Liability
To the maximum extent permitted by applicable law, in
no event will LSI be liable to the purchaser or any third
party for any indirect, special, consequential, incidental
or exemplary damages whatsoever, including but not
limited to loss of revenue or profit, lost or damaged
data, business interruption or any other pecuniary loss
whether based on contract, tort or other causes of action,
even if LSI has been advised of the possibility of such
damages. In any event, the total liability of LSI arising
from any cause of action or claim whatsoever, whether
(1) in contract, (2) in tort (including negligence, whether
sole, joint, contributory, concurrent or otherwise, but not
including intentional, reckless or wanton tort), (3) under
strict liability, (4) under any environmental or antipollution
law or regulation, (5) connected with any toxic or
hazardous substance or constituent, (6) arising out of any
representation or instruction, or under any warranty, (7)
or otherwise, arising out of, connected with, or resulting
from the design, manufacture, sale, resale, delivery, repair,
replacement or use of Products or the furnishing of any
service shall in no event exceed the price allocable to and
paid to LSI for the individual unit of Products or service
or part thereof which gives rise to the cause of action or
claim.
SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
9.6 Recommended Practices
LSI recommends careful consideration of the following
factors when specifying and installing the Products.
Before installing a Product, the Installation, Operation, and
Maintenance instructions provided with the unit must be
read and understood and complied with.
9.7 Choice of Law
This Limited Warranty shall be governed by and construed
in accordance with:
- the laws of the Province of Quebec, Canada for products
sold by LSI in Quebec;
- the laws of the Province of Ontario, Canada for products
sold by LSI in Ontario and anywhere else in Canada; and
- the laws of the State of New York for products sold by
LSI anywhere in the United States of America or anywhere
else, excluding Canada.