Custom Programming - Customer Responsibilities
Total Temperature Instrumentation, Inc., d/b/a Instrumart ("Instrumart") cannot guarantee that the instruments, parts and/or products (the "Instruments") that it sells, including the calibration, programming and settings of such Instruments, are or will be suitable or otherwise fit for the uses and applications intended by customers. All sales are subject to, and the acceptance of any order by Instrumart is expressly conditioned upon, the following terms and conditions:
- TESTING. The customer shall be solely responsible for testing and confirming that the Instruments, including the calibration, programming and settings of the Instruments, are suitable for the intended use or application of the Instruments and function properly and without errors or defects when used in the intended operating environment or when integrated into or otherwise placed in any product, equipment, system or process. INSTRUMART SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY ERRORS, DEFECTS, INCOMPATIBILITY OR UNSUITABILITY OF THE INSTRUMENTS WHICH REASONABLY COULD OR SHOULD HAVE BEEN DETECTED THROUGH TESTING OF THE INSTRUMENTS, INCLUDING ANY LIABILITY FOR NEGLIGENCE. THE CUSTOMER SHALL INDEMNIFY AND HOLD INSTRUMART HARMLESS AGAINST LOSSES OR DAMAGES SUFFERED BY THIRD PARTIES.
- NO WARRANTIES. INSTRUMART MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE INSTRUMENTS, INCLUDING THE CALIBRATION, PROGRAMMING AND SETTINGS OF THE INSTRUMENTS, OR ANY SERVICES RENDERED BY INSTRUMART IN CONNECTION THEREWITH. INSTRUMART SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY; REMEDIES: The cumulative liability of Instrumart for all claims relating to the Instruments, including the calibration, programming and settings of the Instruments, and any services rendered in connection therewith, in contract, tort, strict liability or otherwise, shall not exceed the total amount of all charges actually paid to Instrumart for the Instruments. INSTRUMART SHALL NOT BE LIABLE TO A CUSTOMER OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, EVEN IF INSTRUMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL DAMAGES.