Coherent Assisted Buyer Self-Service Agreement
The “Buyer” identified on the face of the quote has requested remote technical assistance, technical resources, electrical schematics, troubleshooting videos, and/or service parts (collectively, “Support Resources”) from Coherent in order to troubleshoot and/or repair Buyer’s Coherent product(s) (“Product”). Coherent hereby offers to provide the Support Resources to Buyer, and Buyer accepts such support, upon the following terms and conditions in descending order of precedence: (a) this Coherent Assisted Buyer Self-Service Agreement (“Agreement”), (b) the Coherent terms and conditions of sale attached to the quote, and (c) if applicable, the terms and conditions of software used in conjunction with the Support Resources.
1. Buyer acknowledges and agrees that: (a) Coherent does not guarantee that any problem with the Product will be resolved by the Support Resources, (b) Buyer’s (i) use of the Support Resources to troubleshoot and/or repair the Product without remote assistance from Coherent personnel or (ii) failure to abide by Coherent’s explicit instructions during the use of the Support Resources to troubleshoot and/or repair the Product, voids the Product warranty and/or service contract for the Product, and (c) BUYER AND ITS PERSONNEL ARE SOLELY RESPONSIBLE FOR THE SAFE OPERATION OF THE PRODUCT DURING BUYER’S USE OF THE SUPPORT RESOURCES.
2. Buyer agrees to defend and hold harmless the Coherent entity set forth on the quote, its affiliates, and its and their employees, directors, suppliers, representatives, contractors, agents, and its and their successors and assigns (collectively, “Coherent Parties”) and hereby irrevocably, forever, and completely releases, acquits, waives, and discharges the Coherent Parties from and against any and all claims, actions, causes of action, complaints, grievances, demands, proceedings, or suits alleging any damages, charges, injuries, deaths, liabilities, obligations, losses, debts, rights, costs, and expenses (collectively, “Liabilities”) of any nature or manner whatsoever related to, arising out of, or in connection with Buyer’s use of, or inability to use, the Support Resources in any manner, including, without limitation, any claim, action, grievance, demand, proceeding, or suit made by any Buyer personnel alleging any Liabilities in connection with the use of, or inability to use, the Support Resources (each, a “Claim”) and shall indemnify the Coherent Parties from any and all Liabilities related to, arising out of, or incurred in connection with any Claim. Buyer acknowledges and agrees that Coherent is not responsible for any personal injury, death, or damage to the Product, test equipment, or other real or personal property damage that may result from Buyer’s or its personnel’s use of, or inability to use, Support Resources.
3. Buyer acknowledges and agrees that: (A) USE OF SUPPORT RESOURCES (INCLUDING, WITHOUT LIMITATION, INSTALLATION OR REPLACEMENT OF SERVICE PARTS) MAY REQUIRE THE REMOVAL OF PRODUCT PROTECTIVE COVER(S), WHICH CAN EXPOSE BUYER’S PERSONNEL TO ELECTRICAL AND/OR OPTICAL HAZARDS, (B) HIGH-VOLTAGE ELECTRICITY CAN CAUSE SERIOUS PERSONAL INJURY OR DEATH, AND/OR CAN DAMAGE THE PRODUCT OR OTHER EQUIPMENT, AND (C) REMOVAL OF THE PROTECTIVE COVERS ALSO ALLOWS OPERATION OF THE PRODUCT WITH THE INTERLOCKS DEFEATED, WHICH CAN EXPOSE BUYER’S PERSONNEL TO HAZARDOUS LEVELS OF VISIBLE AND/OR INVISIBLE RADIATION. BUYER SHALL REVIEW THE SAFETY SECTION OF THE OPERATOR’S MANUAL FOR THE APPLICABLE PRODUCT FOR ADDITIONAL SAFETY INFORMATION AND RECOMMENDED PRECAUTIONS AND UNDERSTAND ALL SUCH INFORMATION AND PRECAUTIONS BEFORE PROCEEDING WITH THE USE OF SUPPORT RESOURCES.
4. THE SUPPORT RESOURCES ARE PROVIDED “AS IS” AND COHERENT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SUPPORT RESOURCES, EXPRESS, IMPLIED, OR STATUTORY. THE COHERENT PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE: (A) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, (B) FOR ANY MATTER BEYOND COHERENT’S REASONABLE CONTROL, OR (C) FOR ANY AMOUNTS IN EXCESS OF THE TOTAL AMOUNT PAID BY BUYER TO COHERENT HEREUNDER FOR SUPPORT RESOURCES. THE LIMITATIONS SET FORTH IN THIS AGREEMENT SHALL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY THAT MAY BE AVAILABLE HEREUNDER.
