iWave warrants that all goods delivered (i) will be free from defects in workmanship, material, and manufacture, (ii) will comply with the requirements of purchase order, including any drawings or specifications incorporated. Except as set forth in writing in the Limited Warranty, iWave makes no performance representations, warranties, or guarantees, either express or implied, oral or written, with respect to the products, including without limitation any implied warranty (a) of merchantability, (b) of fitness for a particular purpose, or (c) arising from course of performance, course of dealing, or usage of trade.
iWave shall in no event be liable to the end user for collateral or consequential damages of any kind. iWave shall not otherwise be liable for loss, damage or expense directly or indirectly arising from the use of the product or from any other cause. The sole and exclusive remedy against iWave, whether a claim, sound in contract, warranty, tort or any other legal theory, shall be repair of the product only. For this purpose, iWave has the right to examine Products and/or Services at the Customer’s or at iWave’s premises, at iWave’s discretion.
iWave does not provide any warranty for defects that have not been caused by iWave, in particular not for:
- Handling errors, intervention or modification of the Products by the Customer or an unauthorized third party
- Defects which have been caused by incorrect installation by the Customer or a third party acting on the Customer’s behalf
- Compatibility and functioning with other products, unless expressly warranted
- Defects which have been caused by outside influences
- Fitness of the Products for any particular purpose
- Third party products for which the respective manufacturer is responsible
Services which have not been performed in accordance with the instructions
iWave and its manufacturers use components or spare parts which are new or equivalent to new and meet the industry standards and practice. iWave reserves the right to use new or refurbished spare parts and/or components. Spare parts may be new or reconditioned.
The following terms and conditions must be adhered:
Limitation of Liability: iWave shall not be liable for any consequential, incidental, special or exemplary damages suffered by buyer and/or any end user related to or arising out of this agreement, the transactions contemplated hereby and/or the use or inability to use the products, integration of the products with equipment not provided by iWave, loss of goodwill or profits and/or from any other cause whatsoever, even if it has been advised of the possibility of such damages. In no event will iWave’s liability for any cause of action relating to this agreement exceed amounts received (in last 12 months) by iWave from buyer for the product or service that is the subject of such claim or dispute. iWave and buyer further agree that each and every provision of this agreement which provides for a limitation of liability, disclaimer of warranties or exclusion of damages is expressly intended to be severable and independent of any other provision since those provisions represent separate elements of risk allocation between the parties, and shall be separately enforced.
Both parties also agree that the price of the products reflects the allocation of risk, warranty and limitation of liability provisions herein. Unless otherwise agreed in writing by iWave, the iWave products sold hereunder are not designed nor intended for any use in medical life saving or life sustaining applications which the failure of the iWave product could create a situation where personal injury or death may occur. Should Buyer purchase or use iWave’s Products for any such unintended use, Buyer shall indemnify and hold iWave and its directors, officers, subsidiaries, subcontractors and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended use, even if such claim alleges that iWave or its sub-contractor was negligent regarding the design or manufacture of the iWave Product or any of its parts.
Software: All software is owned by iWave or a third party licensor who shall retain exclusive right, title and ownership of the software. Customer is granted a limited, personal, non-exclusive license, without the right to sublicense, to use the software only with the specific iWave manufactured hardware.