User's Manual

Trackerwave Coaster
20
subject to change by Trackerwave without liability. Licensee shall not be
entitled to treat these Terms as repudiated in the event of such failure
to deliver the Products. Tracker wave shall have no liability for direct,
indirect, special, incidental or consequential damages due to failure for
any reason to meet scheduled shipment dates. Trackerwave shall not be
liable for any damage to or loss of product including any damage or loss
in transit. Tracker wave is not responsible for liquidated damages.
10. INSPECTION, ACCEPTANCE, RETURNS.
Customer will thoroughly inspect each shipment of products promptly
upon receipt. All products will be deemed to have been accepted fifteen
(15) days after receipt, except for products for which Customer makes a
written claim of non-conformance within such time. All products made
the subject of such claim will be deemed to have been accepted fifteen
(15) days after receipt of conforming goods. No products may be
returned to Trackerwave except by prior authorization by Trackerwave.
All such returns will be subject to Trackerwave’s then-current return
policies and procedures.
11. LIMITED WARRANTY.
Company shall use reasonable efforts consistent with prevailing industry
standards to maintain the Services in a manner which minimizes errors
and interruptions in the Services and shall perform the Implementation
Services in a professional and workmanlike manner. Services may be
temporarily unavailable for scheduled maintenance or for unscheduled
emergency maintenance, either by Company or by third-party providers,
or because of other causes beyond Company’s reasonable control, but
Company shall use reasonable efforts to provide advance notice in