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MSA Permanent Instrument Warranty
1. Warranty- Seller warrants that this product will be free from
mechanical defect or faulty workmanship for a period of one year
for the General-Purpose Diagnostic Kit and two years for the
Intrinsically-Safe Diagnostic KIt from date of shipment, provided it
is maintained and used in accordance with Seller's instructions
and/ or recommendations. Note that warranty does not include
expendable or consumable parts, such as batteries. The Seller
shall be released from all obligations under this warranty in the
event repairs or modifications are made by persons other than its
own or authorized service personnel or if the warranty claim results
from physical abuse or misuse of the product. No agent, employee
or representative of the Seller has any authority to bind the Seller
to any affirmation, representation or warranty concerning the goods
sold under this contract. Seller makes no warranty concerning
components or accessories not manufactured by the Seller, but will
pass onto the Purchaser all warranties of manufacturers of such
components. THIS WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, AND IS
STRICTLY LIMITED TO THE TERMS HEREOF. SELLER
SPECIFICALLY DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
PURPOSE.
2. Exclusive Remedy- It is expressly agreed that Purchaser's sole
and exclusive remedy for breach of the above warranty, for any
tortious conduct of Seller, or for any other cause of action, shall be
the repair and/ or replacement at Seller's option, of any equipment
or parts thereof, which after examination by Seller is proven to be
defective. Replacement equipment and/ or parts will be provided at
no cost to Purchaser, F.O.B. Seller's Plant. Failure of Seller to
successfully repair any nonconforming product shall not cause the
remedy established hereby to fail of its essential purpose.
3. Exclusion of Consequential Damage- Purchaser specifically
understands and agrees that under no circumstances will seller be
liable to purchaser for economic, special, incidental or
consequential damages or losses of any kind whatsoever, including
but not limited to, loss of anticipated profits and any other loss
caused by reason of non-operation of the goods. This exclusion is
applicable to claims for breach of warranty, tortious conduct or any
other cause of action against seller.