
VI
“The Standard of the Industry”
CUES STANDARD 12 MONTH WARRANTY
CUES warrants that all parts, components, and equipment manufactured by CUES shall be free from
defects in material and workmanship under normal use and service for which it was intended for a period
of twelve (12) months from the date of shipment of materials by CUES to the purchaser. CUES’ obligation
under this warranty is limited, at CUES’ option, to replacing or repairing, free of charge, F.O.B. CUES’
service facility, any defective materials. For all warranty claims, the materials must be returned in
accordance with CUES Material Return Policy; freight, duties, and insurance prepaid to a place designated
by CUES. CUES will provide a twelve (12) month warranty on the Camera and Power Control Unit.
Major items of equipment, such as vehicles, generators, etc., furnished, but not manufactured by
CUES, will be covered only under the warranty of the third party manufacturer of such equipment.
Expendable parts, such as light bulbs, fuses, connectors, etc., are excluded from this warranty.
Purchaser must notify CUES of a breach of warranty not later than the last day of the warranty period;
otherwise, such claims shall be deemed waived.
CUES does not warrant the materials to meet the requirements of the safety codes of any federal, state,
municipal or other governmental or administrative jurisdiction. Purchaser assumes all risk and liability resulting
from the use of its products, whether used singly or in combination with other products, machines or equipment.
This Warranty shall not apply to any materials, or parts which have: (a) been repaired
or altered by anyone other than CUES without CUES written consent; (b) been subject
to misuse, abuse, negligence, accident, or damage; (c) not been installed or operated in
accordance with CUES’ printed instructions or; (d) been operated under conditions exceeding
or more severe than those set forth in the specications of design tolerance of the equipment.
THIS WARRANTY AND THE OBLIGATION AND LIABILITIES OF CUES HEREUNDER
ARE EXCLUSIVE AND IN LIEU OF (AND PURCHASER HEREBY WAIVES) ALL OTHER
WARRANTIES, GUARANTEES, REPRESENTATIONS, OBLIGATIONS, OR LIABILITIES,
EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, REGARDLESS WHETHER OR NOT OCCASIONED BY CUES’ NEGLIGENCE.
CUES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING, DIRECTLY
OR INDIRECTLY, FROM THE USE OR LOSS OF USE OF THE MATERIALS, OR FOR
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ECONOMIC LOSSES, LOSS OF
PROFITS, LOSS OF BUSINESS, OR LOSS OF BUSINESS OPPORTUNITY. Without limiting
the generality of the foregoing, this exclusion from liability embraces Purchaser’s expenses for
downtime or for making up downtime, damages to property, and injury to or death of any persons.
CUES neither assumes nor authorizes any person (including employees, agents, or representatives of
CUES) to assume for it any other liability, guarantee, or warranty in connection with the sale or use of the
materials, and no oral agreements, warranties, or understandings exist collateral to or aecting this warranty.
This warranty shall not be extended, altered, modied, or waived except by a written instrument
signed by CUES.