MSA Ultima Instruction Manual page 2

MSA Permanent Instrument Warranty
1. Warranty- Seller warrants that this product will be free
from mechanical defect or faulty workmanship for a period
of eighteen (18) months from date of shipment or one (1)
year from installation, whichever occurs first, provided it is
maintained and used in accordance with Seller's
instructions and/or recommendations. This warranty does
not apply to expendable or consumable parts whose
normal life expectancy is less than one (1) year such as,
but not limited to, non-rechargeable batteries, filament
units, filter, lamps, fuses etc. The Seller shall be released
from all obligations under this warranty in the event
repairs or modifications are made by persons other than
its own or authorized service personnel or if the warranty
claim results from physical abuse or misuse of the
product. No agent, employee or representative of the
Seller has any authority to bind the Seller to any
affirmation, representation or warranty concerning the
product. Seller makes no warranty concerning
components or accessories not manufactured by the
Seller, but will pass on to the Purchaser all warranties of
manufacturers of such components. THIS WARRANTY IS
IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED,
IMPLIED OR STATUTORY, AND IS STRICTLY LIMITED
TO THE TERMS HEREOF. SELLER SPECIFICALLY
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY
OR OF FITNESS FOR A PARTICULAR PURPOSE.
2. Exclusive Remedy- It is expressly agreed that Purchaser's
sole and exclusive remedy for breach of the above
warranty, for any tortious conduct of Seller, or for any
other cause of action, shall be the repair and/or
replacement at Seller's option, of any equipment or parts
thereof, which after examination by Seller is proven to be
defective. Replacement equipment and/or parts will be
provided at no cost to Purchaser, F.O.B. Seller's Plant.
Failure of Seller to successfully repair any nonconforming
product shall not cause the remedy established hereby to
fail of its essential purpose.
3. Exclusion of Consequential Damage- Purchaser
specifically understands and agrees that under no
circumstances will seller be liable to purchaser for
economic, special, incidental or consequential damages
or losses of any kind whatsoever, including but not limited
to, loss of anticipated profits and any other loss caused by
reason of nonoperation of the goods. This exclusion is
applicable to claims for breach of warranty, tortious
conduct or any other cause of action against seller.