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12.0 METER LIMITED WARRANTY
Subject to the exclusions listed below, E-Mon will either repair or replace (at its option)
any product that it manufactures and which contains a defect in material or
workmanship.
The following exclusions apply:
1. This Limited Warranty is only effective for a period of (5) five years following the
date of manufacture when installed in accordance with manufacturer's instruc-
tions by qualified personnel.
2. E-Mon must be notified of the defect within ninety (90) days after the defect
becomes apparent or known.
3. Buyer's remedies shall be limited to repair or replacement of the product or com-
ponent which failed to conform to E-Mon's express warranty set forth above.
4. Buyer shall be responsible for all freight costs and shall bear all risk of loss or
damage to returned goods while in transit.
5. This Limited Warranty does not cover installation, removal, reinstallation, or labor
costs, and excludes normal wear and tear. Buyer shall provide labor for the
removal of the defective component or item and installation of its replacement at
no charge to E-Mon.
6. This Limited Warranty does not cover any product if: (i) a product is altered or
modified from its original manufactured condition, (ii) any repairs, alterations or
other work has been performed by Buyer or others on such item, other than work
performed with E-Mon's authorization and according to its approved procedures;
(iii) the alleged defect is a result of abuse, misuse, improper maintenance,
improper installation, accident or the negligence of any party; (iv) damaged as a
result of events beyond E-Mon's control or other force majeure events or (v) used
in conjunction with equipment, components, accessories, parts or materials not
supplied or approved by E-Mon.
7. This Limited Warranty is limited to the obligation to repair or replace the manu-
factured product. This is the sole and exclusive remedy for any breach of war-
ranty.
IN NO EVENT SHALL E-MON BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY
DAMAGE FOR LOST PROFITS) ARISING OUT OF OR IN CONNECTION
WITH THE FURNISHING OF PRODUCTS, PARTS OR SERVICES, OR THE
PERFORMANCE, USE OF, OR INABILITY TO USE ANY PRODUCTS, PARTS
OR SERVICES, SALE OF OR OTHERWISE, WHETHER BASED IN CON-
TRACT, WARRANTY, TORT, INCLUDING WITHOUT LIMITATION, NEGLI-
GENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
8. EXCEPT AS EXPRESSLY PROVIDED HEREIN, E-MON MAKES NO WAR-
RANTY OF ANY KIND, EXPRESS OR IMPLIED WITH RESPECT TO ANY
PRODUCTS, PARTS OR SERVICES PROVIDED BY E-MON INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. PRODUCTS OR COMPONENTS
DISTRIBUTED, BUT NOT MANUFACTURED, BY E-MON ARE NOT WAR-
RANTED BY E-MON AND BUYER MUST INSTEAD RELY ON THE REPRE-
SENTATIONS AND WARRANTIES, IF ANY, PROVIDED DIRECTLY TO THE
BUYER BY THE MANUFACTURER OF SUCH PRODUCT OR COMPONENT.
57
DIN-MON™ SMART METER
62-0442—05
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