
1. WARRANTIES:
(1) Subject to the exclusions stated in 2 (EXCLUSIONS) herein below, Panasonic Industrial Devices SUNX warrants the
Products to be free of defects in material and workmanship for a period of one (1) year from the date of shipment under
normal usage in environments commonly found in manufacturing industry.
(2) Any Products found to be defective must be shipped to Panasonic Industrial Devices SUNX with all shipping costs paid by
Purchaser or offered to Panasonic Industrial Devices SUNX for inspection and examination. Upon examination by
Panasonic Industrial Devices SUNX, Panasonic Industrial Devices SUNX will, at its sole discretion, repair or replace at no
charge, or refund the purchase price of, any Products found to be defective.
2. EXCLUSIONS:
(1) This warranty does not apply to defects resulting from any cause:
(i)
which was due to abuse, misuse, mishandling, improper installation, improper interfacing, or improper repair by Purchaser;
(ii)
which was due to unauthorized modification by Purchaser, in part or in whole, whether in structure, performance or specification;
(iii)
which was not discoverable by a person with the state-of-the-art scientific and technical knowledge at the time of manufacture;
(iv) which was due to an operation or use by Purchaser outside of the limits of operation or environment specified by
Panasonic Industrial Devices SUNX;
(v) which was due to normal wear and tear;
(vi) which was due to Force Majeure; and
(vii) which was due to any use or application expressly discouraged by Panasonic Industrial Devices SUNX in 4
(CAUTIONS FOR SAFE USE) hereunder.
(2) This warranty extends only to the first purchaser for application, and is not transferable to any person or entity which
purchased from such purchaser for application.
3. DISCLAIMERS
(1) Panasonic Industrial Devices SUNX's sole obligation and liability under this warranty is limited to the repair or replacement,
or refund of the purchase price, of a defective Product, at Panasonic Industrial Devices SUNX's option.
(2) THE REPAIR, REPLACEMENT, OR REFUND IS THE EXCLUSIVE REMEDY OF THE PURCHASER, AND ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL PANASONIC INDUSTRIAL DEVICES SUNX
AND ITS AFFILIATED ENTITIES BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE
PRODUCTS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND,
GENERAL TERMS AND CONDITIONS 4 OR ANY DAMAGES RESULTING FROM LOSS OF USE, BUSINESS
INTERRUPTION, LOSS OF INFORMATION, LOSS OR INACCURACY OF DATA, LOSS OF PROFITS, LOSS OF
SAVINGS, THE COST OF PROCUREMENT OF SUBSTITUTED GOODS, SERVICES OR TECHNOLOGIES, OR FOR
ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PRODUCTS.
4. CAUTIONS FOR SAFE USE
(1) The applications shown in the catalogue are only suggestions, and it is Purchaser's sole responsibility to ascertain the
fitness and suitability of the Products for any particular application, as well as to abide by Purchaser's applicable local laws
and regulations, if any.
(2) Never use the Products NOT rated or designated as “SAFETY SENSOR” in any application involving risk to life or property.
When such a use is made by Purchaser, such Purchaser shall indemnify and hold harmless Panasonic Industrial Devices
SUNX from any liability or damage whatsoever arising out of or in relation to such use.
(3) In incorporating the Products to any equipment, facilities or systems, it is highly recommended to employ fail-safe designs,
including but not limited to a redundant +++design, flame propagation prevention design, and malfunction prevention
design so as not to cause any risk of bodily injury, fire accident, or social damage due to any failure of such equipment,
facilities or systems.
(4) The Products are each intended for use only in environments commonly found in manufacturing industry, and, unless
expressly allowed in the catalogue, specification or otherwise, shall not be used in, or incorporated into, any equipment,
facilities or systems, such as those:
(a) which are used for the protection of human life or body parts;
(b)
which are used outdoors or in environments subject to any likelihood of chemical contamination or electromagnetic influence;
(c) which are likely to be used beyond the limits of operations or environments specified by Panasonic Industrial Devices
SUNX in the catalogue or otherwise;
(d) which may cause risk to life or property, such as nuclear energy control equipment, transportation equipment
(whether on rail or land, or in air or at sea), and medical equipment;
(e) which are operated continuously each day for 24 hours; and
(f) which otherwise require a high level of safety performance similar to that required in those equipment, facilities or
systems as listed in (a) through (e) above.
5. EXPORT CONTROL LAWS
In some jurisdictions, the Products may be subject to local export laws and regulations. If any diversion or re-export is to be
made, Purchaser is advised to abide by such local export laws and regulations, if any, at its own responsibility.