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Notice
ROSEMOUNT ("SELLER") SHALL NOT BE LIABLE FOR TECHNICAL OR EDITORIAL ERRORS IN THIS MANUAL OR OMISSIONS FROM
THIS MANUAL. SELLER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS MANUAL AND, IN NO EVENT, SHALL
SELLER BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PRODUCTION,
LOSS OF PROFITS, ETC.
PRODUCT NAMES USED HEREIN ARE FOR MANUFACTURER OR SUPPLIER IDENTIFICATION ONLY AND MAY BE TRADEMARKS/
REGISTERED TRADEMARKS OF THESE COMPANIES.
THE CONTENTS OF THIS PUBLICATION ARE PRESENTED FOR INFORMATIONAL PURPOSES ONLY, AND WHILE EVERY EFFORT HAS
BEEN MADE TO ENSURE THEIR ACCURACY, THEY ARE NOT TO BE CONSTRUED AS WARRANTIES OR GUARANTEES, EXPRESSED OR
IMPLIED, REGARDING THE PRODUCTS OR SERVICES DESCRIBED HEREIN OR THEIR USE OR APPLICABILITY. WE RESERVE THE RIGHT
TO MODIFY OR IMPROVE THE DESIGNS OR SPECIFICATIONS OF SUCH PRODUCTS AT ANY TIME.
SELLER DOES NOT ASSUME RESPONSIBILITY FOR THE SELECTION, USE, OR MAINTENANCE OF ANY PRODUCT. RESPONSIBILITY FOR
PROPER SELECTION, USE, AND MAINTENANCE OF ANY SELLER PRODUCT REMAINS SOLELY WITH THE PURCHASER AND END-USER.
Warranty
1. LIMITED WARRANTY: Subject to the limitations contained in Section 2 herein and except as otherwise expressly provided
herein, Rosemount ("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, reinstallation 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 MERCHANTABILITY, 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.
2
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