
12
Limited Warranty
Air-Weighwarrants(the“LimitedWarranty”)thattheProductswillbefreefromdefectsin
materialandworkmanshipundernormaluseandservicewithpropermaintenanceforthe
followingtimeperiods:
(a)fornewScalekits,theLimitedWarrantyperiodwillbe3years;
(b)fornewpartsandaccessoriessoldseparately,theLimitedWarrantyperiodwill
be1year;and
(c)forrepairedorrefurbisheditems,includingrepairedorrefurbishedScalekits
andrepairedorrefurbishedpartsandaccessoriessoldseparately,theLimited
Warrantyperiodwillbe90days.
IfanyProductisdeterminedtonotconformtothisLimitedWarrantyduringitsapplicable
LimitedWarrantyperiod,Air-Weighwill,atitsexclusiveoption,eitherrepairorreplacethe
Product.
LimitationsofLimitedWarranty.Air-WeighwillhavenoobligationundertheLimited
Warranty with respect to any product if (a) Buyer fails to notify Air-Weigh in writing during
thewarrantyperiodofanon-conformity,or(b)Buyeroranyotherperson,entity,or
governmentalauthorityuses,misuses,orneglectstheproductinamannerinconsistent
withtheproduct’sspecicationsordirectionsforuseormaintenance,modiesthe
productorimproperlyinstalls,handles,ormaintainstheproduct.
No Repair or Modication of the products. Except as explicitly authorized or in a
separatewrittenagreementwithAir-Weigh,Buyerwillnotservice,repair,modify,alter,
replace, reverse engineer, or otherwise change any of the products.
Disclaimer of All Other Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET
OUT ABOVE, NEITHER AIR-WEIGH NOR ANY PERSON OR ENTITY ON AIR-WEIGH’S
BEHALF HAS MADE OR MAKES FOR BUYER’S BENEFIT ANY EXPRESS OR IMPLIED
REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING ANY WARRANTIES
OF:(i)MERCHANTABILITY;(ii)FITNESSFORAPARTICULARPURPOSE;(iii)TITLE;
OR(iv)NON-INFRINGEMENT;WHETHERARISINGBYLAW,COURSEOFDEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH
ARE EXPRESSLY DISCLAIMED. BUYER ACKNOWLEDGES THAT IT HAS NOT
RELIED ON ANY OTHER REPRESENTATION OR WARRANTY MADE BY AIR-WEIGH,
OR ANY OTHER PERSON OR ENTITY ON AIR-WEIGH’S BEHALF.
Limitation of Liability.
IN NO EVENT WILL AIR-WEIGH BE LIABLE FOR CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES,
LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR
RELATING TO ANY BREACH OF THESE TERMS, REGARDLESS OF WHETHER OR
NOT THE DAMAGES WERE FORESEEABLE, WHETHER OR NOT AIR-WEIGH WAS
ADVISED OF THE POSSIBILITY OF THE DAMAGES, OR THE LEGAL OR EQUITABLE
THEORY (CONTRACT, TORT, OR OTHERWISE) ON WHICH THE CLAIM IS BASED.
IN NO CASE WILL AIR-WEIGH’S AGGREGATE LIABILITY ARISING OUT OF OR
RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EXCEED THE TOTAL OF THE AMOUNTS PAID TO AIR-WEIGH FOR THE PRODUCTS.
THE FOREGOING LIMITATIONS APPLY EVEN IF BUYER’S REMEDIES UNDER
THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.