Emerson Net Safety MLP-A-SC1100 User Manual page 4

Warranty
1. Limited Warranty. Subject to the limitations contained in Section 10 (Limitation of Remedy 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 for 24 months from the date of
purchase and other electronic assemblies for 36 months from the date of purchase. 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.
2. 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.
3. Limitation of Remedy and Liability. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY 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 IMITATION
FOR CAPITAL, FUEL AND POWER, AND CLAIMS OF BUYER'S CUSTOMERS.