Emerson Rosemount OCX 8800 Reference Manual page 4

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, reinstallation and freight, and the time and expenses of Rosemount's
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 MERCHANTABILITY, 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.
2. 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.