
Notice
EMERSON (“SELLER”) SHALL NOT BE LIABLE FOR TECHNICAL OR EDITORIAL ERRORS IN THIS MANUAL OR
OMISSIONS FROM THIS MANUAL. SELLER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS MANUAL
AND, IN NO EVENT, SHALL SELLER BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT
LIMITED TO, LOSS OF PRODUCTION, LOSS OF PROFITS, ETC.
PRODUCT NAMES USED HEREIN ARE FOR MANUFACTURER OR SUPPLIER IDENTIFICATION ONLY AND MAY BE
TRADEMARKS/REGISTERED TRADEMARKS OF THESE COMPANIES.
THE CONTENTS OF THIS PUBLICATION ARE PRESENTED FOR INFORMATIONAL PURPOSES ONLY AND, WHILE EVERY
EFFORT HAS BEEN MADE TO ENSURE THEIR ACCURACY, THEY ARE NOT TO BE CONSTRUED AS WARRANTIES OR
GUARANTEES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS OR SERVICES DESCRIBED HEREIN OR THEIR USE
OR APPLICABILITY. WE RESERVE THE RIGHT TO MODIFY OR IMPROVE THE DESIGNS OR SPECIFICATIONS OF SUCH
PRODUCTS AT ANY TIME.
SELLER DOES NOT ASSUME RESPONSIBILITY FOR THE SELECTION, USE, OR MAINTENANCE OF ANY PRODUCT.
RESPONSIBILITY FOR PROPER SELECTION, USE, AND MAINTENANCE OF ANY SELLER PRODUCT REMAINS SOLELY WITH
THE PURCHASER AND END-USER.
Warranty
1. LIMITED WARRANTY: Subject to the limitations contained in Section 2 herein and except as otherwise
expressly provided herein, Emerson (“Seller”) warrants that the firmware will execute the programming
instructions provided by Seller and that the Goods manufactured or Services provided by Seller will be free
from defects in materials or workmanship under normal use and care until the expiration of the applicable
warranty period. Goods are warranted for twelve (12) months from the date of initial installation or eighteen
(18) months from the date of shipment by Seller, whichever period expires first. Consumables and Services
are warranted for a period of 90 days from the date of shipment or completion of the Services. 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, promptly correct any errors that are found by Seller in the firmware or
Services, or repair or replace F.O.B. point of manufacture that portion of the Goods or firmware found
by Seller to be defective, or 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, unsuitable environmental conditions, accident, misuse, improper installation, modification, repair,
storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and
shall be at Buyer's expense. 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 an authorized Seller representative. All
costs of dismantling, reinstallation and freight, and the time and expenses of Seller's personnel for site travel
and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods
repaired and parts replaced during the warranty period shall be in warranty for the remainder of the original
warranty period or ninety (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. Except as
otherwise expressly provided in the Agreement, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER
MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES. It is understood that corrosion or erosion of
materials is not covered by our guarantee.
2. LIMITATION OF REMEDY AND LIABILITY: SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY
IN PERFORMANCE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER SHALL BE
LIMITED TO REPAIR, CORRECTION, REPLACEMENT, OR REFUND OF PURCHASE PRICE UNDER THE LIMITED
WARRANTY CLAUSE IN SECTION 1 HEREIN. 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 ITS 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
ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE TERM
“CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS,
LOSS OF USE, LOSS OF REVENUE, AND COST OF CAPITAL.
2