Emerson Rosemount OCX8800 Instruction Manual page 10

Wa r r a n t y
LIMITED WARRANTY: Subject to the limitations contained in Section 2 herein, Rosemount warrants that the
licensed firmware embodied in the Goods will execute the programming instructions provided by Rosemount
and that the Goods manufactured by Rosemount will be free from defects in materials or workmanship under
normal use and care and Services will be performed by trained personnel using proper equipment and instru-
mentation for the particular Service provided. The foregoing warranties will apply until the expiration of the
applicable warranty period. Goods are warranted for twelve (12) months from the date of initial installation or
eighteen (18) months from the date of shipment by Rosemount, whichever period expires first. consumables
and Services are warranted for a period of 90 days from the date of shipment or completion of the Services.
Products purchased by Rosemount from a third party for resale to Buyer ("Resale Products") shall carry only the
warranty extended by the original manufacturer. Buyer agrees that Rosemount has no liability for Resale
Products beyond making a reasonable commercial effort to arrange for procurement and shipping of Resale
Products. If Buyer discovers any warranty defects and notifies Rosemount thereof in writing during the
applicable warranty period, Rosemount shall, at its option, correct any errors that are found by Rosemount in
the firmware or Services or repair or replace F.O.B. point of manufacture that portion of the Goods or firmware
found by Rosemount to defective, or refund the purchase price of the defective portion of the Goods/Services.
All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable
power sources, or environmental conditions, accident, misuse, improper installation, modifications, repair, use
of unauthorized replacement parts, storage or handling, or any other cause not the fault of Rosemount are not
covered by this limited warranty and shall be at Buyer's expense. Rosemount shall not be obligated to pay any
costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by
Rosemount. All costs of dismantling, re-installation and freight, and the time and expenses of Rosemount
personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer
unless accepted in writing by Rosemount. Goods repaired and parts replaced by Rosemount during the
warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days,
whichever is longer. This limited warranty is the only warranty made by Rosemount and can be amended only
in a writing signed by Rosemount. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE.
THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO MERCHANT-
ABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS
OR SERVICES. Buyer acknowledges and agrees that corrosion or erosion of materials is not covered by this
warranty.
LIMITATION OF REMEDY AND LIABILITY: ROSEMOUNT SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY
IN PERFORMANCE. THE REMEDIES OF BUYER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO EVENT,
REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT,
INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL ROSEMOUNT'S
LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE TO BUYER OF THE SPECIFIED GOODS
MANUFACTURED OR SERVICES PROVIDED BY ROSEMOUNT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.
BUYER AGREES THAT IN NO EVENT SHALL ROSEMOUNT'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS
EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE TERM "CONSEQUENTIAL
DAMAGES" SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE, OR USE AND
COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, FUEL AND POWER, AND CLAIMS OF
BUYER'S CUSTOMERS.