The Waiver of Liability describes the liability on the part of the receiver/purchaser ("Client") in the fact that he has agreed to deal in and/or use various products (the "Products") from Orion Electronics. By accepting to use and/or deal in the Products, the Client agrees to be bound by the terms of this Waiver which are described in the subsequent sections.
RELEASE & LIMITATION OF LIABILITY
Client acknowledges that these Products are of an industrial and technical nature, they have not been subject to non- regulation and or non-industry testing and are subject to changes, including but not limited to, design, claims, physical properties, availability, pricing, packaging, etc.
Client further acknowledges that the non-recommended or improper use of the Products could result in damage of client’s or Third-party's equipment/parts/material/process including but not limited to, production down time, loss of Third-party contract, equipment stoppages, damage, discoloration, corrosion, process system failure, etc. Failure to comply with the circuit diagrams and manuals or connection diagrams is a responsibility of the client. Improper use of Products beyond Orion Electronics’ recommendations could result in equipment and process failure.
Client agrees to indemnify, defend and hold Orion Electronics harmless and not responsible for any and all the liabilities incurred or alleged as a result of or arising out of the improper use of the Products.
Client agrees not to reverse engineer or attempt to copy the design or the underlying information of the Products or attempt to fix any technical problem in the Products without consulting and written approval from Orion Electronics. We absolutely, disapprove of any third-party handling our products for any service-related issue. Any failure arising, because of such an action, is the sole responsibility of the client.
Orion Electronics will be indemnified by the Client under all such conditions.
Orion Electronics offers a 12 month warranty on all its products against any, and all manufacturing defects. It further warrants that the Products will arrive undamaged and will be made in accordance to the Products specifications when received by Client.
In the event that the Products are damaged upon receipt, Client shall notify Orion Electronics immediately after receipt of product. In case, the damage has occurred in transportation, appropriate actions will be taken to fix this problem. In case of a manufacturing defect, which is rare, the Client will send back the Product to Orion Electronics, duly packed with all the accompanying accessories sent with the product. Orion Electronics will send, at its sole discretion, either a replacement Product or a full/partial refund, within one hundred and eighty days. This Warranty shall be effective for returns received within thirty days of the initial delivery of the Products. Orion Electronics will not accept a return for any other reason.
Because the Products are specially-made, and are standard/prototype it is the Client's responsibility to ensure that the Products have manufacturing/process compatibility and all considerations necessary before purchasing the Products.
The unenforceability of any portion of this Waiver shall not render the remainder of the Waiver invalid or unenforceable.
Client will be deemed to have accepted this Waiver by sampling/using/testing/evaluating and/or ordering/purchasing Products designated as such, and/or whose description includes a link to this waiver and states that purchase constitutes acceptance. Orion Electronics will, at its sole discretion, further require Client to sign a copy of this waiver when deemed necessary.