8
evidence that the Product was misused or abused. Consequently LSI shall irrevocably be relieved of any obligations
to com ensate the user or owner of the Product for any and all damages resulting from Product failures when data
logging equi ment, and access to its content, cannot be freely and readily rovided, unham ered, to LSI.
LSI will ay ground freight trans ortation costs of re lacement or re aired arts or Products to the destination in
the countries in which it maintains a service center (currently Canada, continental United States of America, United
Kingdom, Australia and the United Arab Emirates) (the “Territory”). LSI will not ay any trans ortation costs of
re lacement or re aired arts to a destination outside of the Territory. Shi ing and handling costs to locations
outside the Territory shall be the res onsibility of and borne by Purchaser or Owner of the Product rior to any
shi ment by LSI. (Contact LSI to obtain a Return Authorization Number and the address to shi arts).
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.
EXCLUSION
This Limited Warranty does not cover and shall not a ly to:
• Any Product that is misused or abused, including being altered, modified or re aired not in accordance with
LSI written instructions or authorizations or used not in com liance with LSI’s instructions and/or industry
standards and ractices;
• Any incidental costs or ex ense, such as shi ing charges to LSI or an designated service re resentative as well
as the technician out-of- ocket ex enses including traveling, lodging and meal ex enses, if any;
• The damages caused during the trans ort 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 ex enses for field labor or any other ex enses related to or arising from the re lacement
of defective arts.
• Products used for ile-driving, wire ro e activated clamshell or dragline a lications. If urchaser uses the
Products for ile-driving, wire ro e activated clamshell or dragline a lication, the Limited Warranty will be
deemed to have been violated for abuse.
• Any costs associated with roviding LSI with data logging equi ment.
LIMITATION OF LIABILITY
To the maximum extent ermitted by a licable law, in no event will LSI be liable to the urchaser or any third
arty for any indirect, s ecial, consequential, incidental or exem lary damages whatsoever, including but not
limited to loss of revenue or rofit, lost or damaged data, business interru tion or any other ecuniary loss
whether based on contract, tort or other causes of action, even if LSI has been advised of the ossibility 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
anti ollution law or regulation, (5) connected with any toxic or hazardous substance or constituent, (6) arising out
of any re resentation or instruction, or under any warranty, (7) or otherwise, arising out of, connected with, or
resulting from the design, manufacture, sale, resale, delivery, re air, re lacement or use of Products or the
furnishing of any service shall in no event exceed the rice allocable to and aid to LSI for the individual unit of
Products or service or art thereof which gives rise to the cause of action or claim.
