ISOBUS ATHENE – INSTALLATION GUIDE
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(i) disaster, accident or abuse
(ii) normal wear and tear
(iii) improper use and/or maintenance
(iv) unauthorized modifications of the product; and/or
(v) use of the product in combination with other products not supplied or specified byTPA.
Software accompanying any product is licensed for use in connection with the product and not sold. Use of software that is
provided with a separate end user license agreement (“EULA”) will be subject to the terms and conditions, including those
relating to limited warranty, of the applicable EULA, notwithstanding anything in these Terms and Conditions to the contrary.
WARRANTY DISCLAIMER -OTHER THAN FOR THE ABOVE WARRANTIES, WARRANTIES PROVIDED IN AN APPLICABLE
WARRANTY CARD, APPENDIX OR END USER LICENSE AGREEMENT, THIS MANUAL, THE PRODUCT AND RELATED
SOFTWARE ARE PROVIDE ‘AS-IS’. THERE ARE NO OTHER WARRANTIES AND TO THE EXTENT ALLOWED BY LAW TPA
EXCLUDES ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES IN RESPECT OF THE MANUAL AND THE PRODUCT
(INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE).
TPA IS NOT RESPONSIBLE FOR THE OPERATION OF GNSS SATELLITES AND/OR AVAILABILITY, CONTINUITY, ACCURACY,
OR INTEGRITY OF GNSS SATELLITE SIGNALS.
LIABILITY LIMIT AND INDEMNITY -TPA and its dealers, agents and representatives shall not be liable for technical or
editorial errors or omissions contained herein or for special, indirect, economic, incidental or consequential damages resulting
from the furnishing, performance or use of this material, the product or its accompanying software (including where TPA has
been advised of the possibility of such damage). Such disclaimed damages include but are not limited to loss of time, loss or
destruction of data, loss of profit, savings or revenue or loss of or damage to the product. You shall defend, indemnify and
hold TPA harmless from and against any claims, actions, suits, damages, losses, liabilities and costs (including attorneys’ fees)
arising from, or relating to (a) your operation use, or maintenance of the product and/or software other than as provided for
in this manual or the applicable end user license agreement; and (b) your negligence or wrongful act or omission in respect
of theproduct.
In any event, TPA’s liability to you or any other person for any claim, loss or damage (in contract, tort or on any other basis)
will be limited (in TPA’s option) to either (a) the replacement or repair of the product, or (b) payment of the cost of replacing
or repairing the product.
Other
These Terms and Conditions may be amended, modified, superseded or cancelled, at any time by TPA. These Terms and
Conditions will be governed by, and construed in accordance with:
the laws of South Australia if the product is sold and supplied to you in Australia (in which case the courts of South
Australia or the Federal Court of Australia (Adelaide Registry) have exclusive jurisdiction in respect of any claim or
dispute) or
the laws of the State of California if the product is sold and supplied to you outside of Australia
the provisions of the United Nations Convention on Contracts forthe International Sale of Goods shall not apply to
these Terms and Conditions.
All information, illustrations, and applications contained herein are based on the latest available information at the time of
publication. TPA reserves the right to make product changes at any time without notice.
If any part of these Terms and Conditions would be unenforceable, the provision must be read down to the extent
necessary to avoid that result, and if the provision cannot be read down to that extent, it must be severed without affecting
the validity and enforceability of the remainder of these Terms and Conditions.
Service Information
Service assistance can be provided by contacting your local TPA Authorized Dealer.