Table of Contents
Advertisement
Warranty
1. Limited Warranty. Subject to the limitations contained in Section 10 (Limitation of Remedy
2. Limitation of Remedy and Liability. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY
and Liability) herein, Seller warrants that (a) the licensed firmware embodied in the Goods will
execute the programming instructions provided by Seller; (b) that the Goods manufactured by
Seller will be free from defects in materials or workmanship under normal use and care; and (c)
Services will be performed by trained personnel using proper equipment and instrumentation
for the particular Service provided. The foregoing warranties will apply until the expiration of
the applicable warranty period. Sensors and detectors are warranted against defective parts
and workmanship as outlined in section 7.6. 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, (i) correct any errors that are found by
Seller in the firmware or Services; (ii) repair or replace FOB point of manufacture that portion of
the Goods found by Seller to be defective; or (iii) 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; modification; repair; use of unauthorized replacement
parts; storage or handling; or any other cause not the fault of Seller, are not covered by this
limited warranty and shall be replaced or repaired at Buyer's sole expense and 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 Seller. All costs of dismantling, reinstallation, freight and
the time and expenses of Seller's personnel and representatives for site travel and diagnosis
under this limited warranty clause shall be borne by Buyer unless accepted in writing by Seller.
Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for
the remainder of the original warranty period or 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. The limited warranty herein ceases to be effective if Buyer
fails to operate and use the Goods sold hereunder in a safe and reasonable manner and in
accordance with any written instructions from the manufacturers. THE WARRANTIES AND
REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR
SERVICES.
DELAY IN PERFORMANCE. THE REMEDIES OF BUYER SET FORTH IN THE 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 SELLER'S LIABILITY TO BUYER AND/OR BUYER'S 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 BUYER'S 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.
Advertisement
Table of Contents
