General Terms and Conditions Pertaining to KEYENCE Products
The following terms and conditions will govern KEYENCE products ("Product(s)"). Any terms and conditions in Buyer's purchase orders or other communications which are contradictory to the terms and conditions herein will be void. KEYENCE reserves the right to modify the terms and conditions herein from time to time in writing.
- WARRANTIES AND DISCLAIMERS: KEYENCE warrants the Products to be free of defects in materials and workmanship for a period of one (1) year from the date of shipment. If any models or Trial Units were shown to Buyer, such models or Trial Units were used merely to illustrate the general type and quality of the Products and not to represent that the Products would necessarily conform to said models or Trial Units. Any Products found to be defective must be shipped to KEYENCE with all shipping costs paid by Buyer or offered to KEYENCE for inspection and examination. Upon examination by KEYENCE, 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 does not apply to any defects resulting from any action of Buyer, including but not limited to improper installation, improper interfacing, improper repair, unauthorized modification, misapplication and mishandling, such as exposure to excessive current, heat, coldness, moisture, vibration or outdoors air. Components which wear are not warranted.
- KEYENCE is pleased to offer suggestions on the use of its various Products. They are only suggestions, and it is Buyer's responsibility to ascertain the fitness of the Products for Buyer's intended use. KEYENCE will not be responsible for any damages that may result from the use of the Products.
- The Products and any Trial Units ("Products/Trial Units") supplied to Buyer are not to be used internally in humans, for human transportation, 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, KEYENCE assumes no responsibility, and additionally Buyer will indemnify KEYENCE and hold KEYENCE harmless from any liability or damage whatsoever arising out of any misuse of the Products/Trial Units.
- OTHER THAN AS STATED HEREIN, THE PRODUCTS/TRIAL UNITS ARE PROVIDED WITH NO OTHER WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, 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.