Emerson Rosemount 370XA System Reference Manual page 3

WARRANTY
1. LIMITED WARRANTY: Subject to the limitations contained in Section 2 herein and except as otherwise
expressly provided herein, Rosemount Analytical ("Seller") warrants that the firmware will execute the
programming instructions provided by Seller, and that the Goods manufactured or Services provided by
Seller will be free from defects in materials or workmanship under normal use and care 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 Seller, 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 Seller from a third party for resale to Buyer ("Resale Products") shall
carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for
Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping
of the Resale Products. If Buyer discovers any warranty defects and notifies Seller thereof in writing during
the applicable warranty period, Seller shall, at its option, promptly correct any errors that are found by
Seller in the firmware or Services, or repair or replace F.O.B. point of manufacture that portion of the Goods
or firmware found by Seller to be 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, unsuitable environmental conditions, accident, misuse, improper
installation, modification, repair, storage or handling, or any other cause not the fault of Seller are not
covered by this limited warranty, and shall be at Buyer's expense. Seller 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 an authorized Seller representative. All costs of dismantling, re-installation and freight and the time and
expenses of Seller's personnel for site travel and diagnosis under this warranty clause shall be borne by
Buyer unless accepted in writing by Seller. Goods repaired and parts replaced 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 Seller and can be amended only in a writing
signed by an authorized representative of Seller. Except as otherwise expressly provided in the Agreement,
THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO MER-
CHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO ANY OF
THE GOODS OR SERVICES. It is understood that corrosion or erosion of materials is not covered by our
guarantee.
2. LIMITATION OF REMEDY AND LIABILITY: SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY
IN PERFORMANCE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER SHALL BE
LIMITED TO REPAIR, CORRECTION, REPLACEMENT OR REFUND OF PURCHASE PRICE UNDER THE LIMITED
WARRANTY CLAUSE IN SECTION 1 HEREIN. 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 SELLER'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE
PRICE TO BUYER OF THE SPECIFIC GOODS MANUFACTURED OR SERVICES PROVIDED BY SELLER GIVING
RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER'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, LOSS OF USE, LOSS OF REVENUE AND COST OF CAPITAL.