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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. 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.
2.
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
LIMITATION FOR CAPITAL, FUEL AND POWER, AND CLAIMS OF BUYER'S CUSTOMERS.
Release History
Revision
A
Date
June 2016
Revision History
First release
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