General Conditions of Sale:
DO NOT USE PRODUCTS SOLD BY MANCO AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS.
Products sold by MANCO are not authorized for use as critical components in life support devices or systems. A critical component is any component of a life support device or system whose failure to perform can be reasonably expected to cause the failure of the life support device or system, or to affect its safety or effectiveness. Any attempt to purchase any MANCO product for that purpose is null and void and MANCO accepts no liability whatsoever in contract, tort or otherwise whether or not resulting from our or our employees' negligence or failure to detect an improper purchase.
All orders, regardless of how they are placed, are specifically subject to all the terms and conditions contained herein. No change, alteration, deletion or modification of any of these terms and conditions is permitted. No person is authorized to accept, confirm or vary these terms and conditions including all representations and warranties unless they have been posted on this Web site. All terms are specifically and exclusively subject to interpretation under the US Uniform Commercial Code and all claims or disputes shall be interpreted according to California law and subject to jurisdiction in California state or federal courts at the exclusion of any other choice of law or choice of jurisdiction. Orders placed on forms deviating from these terms and conditions will be accepted on the basis that MANCO Terms and Conditions will prevail.
Technical Assistance - Disclaimer of Warranties; Release of Claims
MANCO offers its technical assistance as a convenience to MANCO customers. MANCO technical assistance personnel strive to provide useful information regarding MANCO products. MANCO DOES NOT GUARANTEE THAT ANY INFORMATION OR RECOMMENDATION PROVIDED IS ACCURATE, COMPLETE, OR CORRECT, AND MANCO SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER IN CONNECTION WITH ANY INFORMATION OR RECOMMENDATION PROVIDED, OR THE CUSTOMER'S RELIANCE ON SUCH INFORMATION OR RECOMMENDATION. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANALYZING AND DETERMINING THE APPROPRIATENESS OF ANY INFORMATION OR RECOMMENDATION PROVIDED BY MANCO TECHNICAL ASSISTANCE PERSONNEL AND ANY RELIANCE ON SUCH INFORMATION OR RECOMMENDATION IS AT THE CUSTOMER'S SOLE RISK AND DISCRETION. ACCORDINGLY, THE CUSTOMER SHALL RELEASE AND HOLD MANCO HARMLESS FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, AND DAMAGE INCURRED BY THE CUSTOMER OR ANY THIRD PARTY AS A RESULT OF ANY INFORMATION OR RECOMMENDATION PROVIDED TO THE CUSTOMER OR THE CUSTOMER'S RELIANCE ON SUCH INFORMATION OR RECOMMENDATION.
General Disclaimer of Warranties; Limitation of Liability
MANCO MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO ANY PRODUCT, AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES FOR MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE. MANCO'S SOLE OBLIGATION AND LIABILITY FOR PRODUCT DEFECTS SHALL BE, AT MANCO'S OPTION, TO REPLACE SUCH DEFECTIVE PRODUCT OR REFUND TO CUSTOMER THE AMOUNT PAID BY CUSTOMER THEREFORE. IN NO EVENT SHALL MANCO'S LIABILITY EXCEED THE BUYER'S PURCHASE PRICE.
The foregoing remedy shall be subject to buyer's written notification of defect and return of the defective product within ninety (90) days of purchase. The foregoing remedy does not apply to products that have been subjected to misuse, neglect, accident or modification, or to products that have been soldered or altered during assembly, or are otherwise not capable of being tested.
IN NO EVENT SHALL MANCO BE LIABLE TO THE BUYER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY MANCO, OR THE USE OR INABILITY TO USE THE SAME, EVEN IF MANCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
