
PAGE 20 PAGE 21
Warranty Information
(a) Monnit warrants that Monnit-branded products will be free from defects in materials
and workmanship for a period of one (1) year from the date of delivery with respect to
hardware and will materially conform to their published specications for a period of
one (1) year with respect to software. Monnit may resell sensors manufactured by other
entities and are subject to their individual warranties; Monnit will not enhance or extend
those warranties. Monnit does not warrant that the software or any portion thereof is error
free. Monnit will have no warranty obligation with respect to Products subjected to abuse,
misuse, negligence or accident. If any software or rmware incorporated in any Product
fails to conform to the warranty set forth in this Section, Monnit shall provide a bug x or
software patch correcting such non-conformance within a reasonable period after Monnit
receives from Customer (i) notice of such non-conformance, and (ii) sufcient information
regarding such non-conformance so as to permit Monnit to create such bug x or software
patch. If any hardware component of any Product fails to conform to the warranty in
this Section, Monnit shall, at its option, refund the purchase price less any discounts, or
repair or replace non-conforming Products with conforming Products or Products having
substantially identical form, t, and function and deliver the repaired or replacement Product
to a carrier for land shipment to customer within a reasonable period after Monnit receives
from Customer (i) notice of such non-conformance, and (ii) the non-conforming Product
provided; however, if, in its opinion, Monnit cannot repair or replace on commercially
reasonable terms it may choose to refund the purchase price. Repair parts and
replacement products may be reconditioned or new. All replacement products and parts
become the property of Monnit. Repaired or replacement products shall be subject to the
warranty, if any remains, originally applicable to the product repaired or replaced. Customer
must obtain from Monnit a Return Material Authorization Number (RMA) prior to returning
any Products to Monnit. Products returned under this Warranty must be unmodied.
Customer may return all Products for repair or replacement due to defects in original
materials and workmanship if Monnit is notied within ninety (90) days of customer’s
receipt of the product. Monnit reserves the right to repair or replace products at its own and
complete discretion. Customer must obtain from Monnit a Return Material Authorization
Number (RMA) prior to returning any products to Monnit. Products returned under this
Warranty must be unmodied and in original packaging. Monnit reserves the right to refuse
warranty repairs or replacements for any products that are damaged or not in original form.
For products outside the ninety-day warranty period repair services are available at Monnit
at standard labor rates for a period of one year from the Customer’s original date of receipt.
(b) As a condition to Monnit’s obligations under the immediately preceding paragraphs,
Customer shall return Products to be examined and replaced to Monnit’s facilities, in
shipping cartons which clearly display a valid RMA number provided by Monnit. Customer
acknowledges that replacement products may be repaired, refurbished or tested and
found to be complying. Customer shall bear the risk of loss for such return shipment and
shall bear all shipping costs. Monnit shall deliver replacements for Products determined
by Monnit to be properly returned, shall bear the risk of loss and such costs of shipment
of repaired products or replacements, and shall credit Customer’s reasonable costs of
shipping such returned Products against future purchases.
(c) Monnit’s sole obligation under the warranty described or set forth here shall be to repair
or replace non-conforming products as set forth in the immediately preceding paragraph,
or to refund the documented purchase price for non-conforming Products to Customer.
Monnit’s warranty obligations shall run solely to Customer, and Monnit shall have no
obligation to customers of Customer or other users of the Products.
Limitation of Warranty and Remedies.
THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY APPLICABLE TO
PRODUCTS PURCHASED BY CUSTOMER. ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY
DISCLAIMED. MONNIT’S LIABIITY WHETHER IN CONTRACT, IN TORT, UNDER ANY
WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE PURCHASE
PRICE PAID BY CUSTOMER FOR THE PRODUCT. UNDER NO CIRCUMSTANCES
SHALL MONNIT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES. THE PRICE STATED FOR THE PRODUCTS IS A CONSIDERATION IN
LIMITING MONNIT’S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT
OF THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR
AFTER THE CAUSE OF ACTION HAS ACCRUED.
IN ADDITION TO THE WARRANTIES DISCLAIMED ABOVE, MONNIT SPECIFICALLY
DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESSED,
FOR USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A
PRODUCT COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE SUCH AS, BUT NOT LIMITED TO, LIFE
SUPPORT OR MEDICAL DEVICES OR NUCLEAR APPLICATIONS. PRODUCTS ARE
NOT DESIGNED FOR AND SHOULD NOT BE USED IN ANY OF THESE APPLICATIONS.