
Warranty
1.
.SubjecttothelimitationscontainedinSection10(Limitationof Remedyand
Liability)herein,Sellerwarrantsthat(a)thelicensedfirmwareembodiedintheGoodswill
execute the programming instructions provided by Seller; (b) thattheGoodsmanufacturedby
Seller will befreefrom defects inmaterialsor workmanship undernormal use andcare; and (c)
Serviceswill be performed by trainedpersonnel usingproperequipmentandinstrumentation
fortheparticularServiceprovided. The foregoingwarrantieswill applyuntiltheexpirationof
theapplicablewarranty period. Sensors and detectors are warranted against defective parts
andworkmanship asper Section 7.3. Products purchased by Seller from a third party for resale
to Buyer (
) shall carry only the warranty extended by the original manufacturer.
Buyer agrees that Seller has no liability forResaleProductsbeyondmakingareasonable
commercial effortto arrange for procurement and shippingof the Resale Products. IfBuyer
discoversanywarrantydefectsandnotifiesSellerthereofin writingduringtheapplicable
warrantyperiod, Sellershall,atitsoption,(i)correctanyerrorsthatarefoundbySellerin the
firmwareorServices;(ii)repairor replaceFOBpointof manufacturethat portionoftheGoods
foundby Seller tobe defective; or(iii) refund the purchase price ofthedefectiveportionof the
Goods/Services. All replacements or repairs necessitated by inadequate maintenance; normal
wearand usage;unsuitablepowersourcesor environmentalconditions;accident;misuse;
improperinstallation;modification;repair;useofunauthorizedreplacementparts;storage or
handling; orany othercause not thefault ofSeller, are not covered bythis 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 oranyotherparty except as maybeagreedupon in
writinginadvanceby Seller.Allcostsof dismantling,reinstallation,freightandthetimeand
expenses of Seller’s personnel and representatives for site travel and diagnosis under this
limitedwarranty clauseshall be borneby Buyer unlessacceptedin writingby Seller.Goods
repaired and parts replaced by Seller during the warranty period shall be in warranty for the
remainderoftheoriginalwarrantyperiodor90days,whicheverislonger. This limitedwarranty
is theonly warranty madeby Seller and canbe amended only in awriting signed by an
authorized representative of Seller. Thelimited warranty hereinceases tobe effective if Buyer
fails to operate and use the Goods sold hereunder ina 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.
Limitationof RemedyandLiability
.SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY
DELAYIN 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 CAUSEOF ACTION. BUYER AGREES THAT
IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR BUYER’S CUSTOMERS EXTEND TO
INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVEDAMAGES. 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.