The following terms and conditions will govern KEYENCE products ("Product(s)"). Any terms and conditions in Buyer's purchase orders or other communications contradictory to the following terms and conditions will be void, unless agreed in writing and signed by the Officer of KEYENCE.
(1) KEYENCE warrants the Products to be free of defects in material and workmanship for one (1) year from shipment. Any Products found to be defective must be shipped to KEYENCE, freight prepaid, or offered to KEYENCE for inspection and examination. Upon examination, KEYENCE, at its sole option, will refund the purchase price of, or repair or replace at no charge, any Products found to be defective. This warranty extends to the original Buyer only, and does not apply to any defects resulting from Buyer’s improper or inappropriate installation, interfacing, repair, modification, application and handling, such as exposure to outdoors air, excessive current, heat, coldness, moisture or vibration. Components which wear and tear are not warranted.
(2) The Products are designed and manufactured as a general-purpose product for general industries. KEYENCE may offer suggestions on the use of its various Products, but the assessment of usefulness and suitability of the Products for each application rests solely with Buyer. KEYENCE will not be responsible for any damages that may result from the use of the Products in Buyer’s application. The Products and any Trial Units ("Products/Trial Units") supplied to Buyer are not to be used internally in humans, as control devices for nuclear power plants, public utilities, medical treatment equipment, or human transportation, or as safety devices or fail-safe systems, unless their written specifications state otherwise. Should any Products/Trial Units be used in such a manner or misused in any way, Buyer will indemnify KEYENCE and hold KEYENCE harmless from any resulting claim, liability or damage.
(3) OTHER THAN AS STATED ABOVE, THE PRODUCTS/TRIAL UNITS ARE PROVIDED WITH NO OTHER WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL KEYENCE AND ITS AFFILIATED ENTITIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, 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, EVEN IF KEYENCE OR ONE OF ITS AFFILIATED ENTITIES WAS ADVISED OF A POSSIBLE THIRD PARTY’S CLAIM FOR DAMAGES OR ANY OTHER CLAIM AGAINST BUYER. In some jurisdictions, some of the foregoing warranty disclaimers or damage limitations may not apply.