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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 as per Section
7.3.
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.