a. Hot-wire or hot-film sensors used with researchanemometers, and certain other components
when indicatedinspecifications, are warranted for 90 days from the date of shipment;
b. Pumps are warranted for hours of operation as set forth in product or operator’s manuals;
c. Parts repaired or replaced as a result of repair services are warranted to be free from defects in
workmanship and material, under normal use, for 90 days from the date of shipment;
d. Seller does not provide any warranty on finished goods manufactured by others or on any fuses,
batteries or other consumablematerials. Only the original manufacturer's warranty applies;
e. This warranty does not cover calibration requirements, and seller warrants only that the
instrument or product is properly calibrated at the time of its manufacture. Instruments returned
for calibration are not covered by this warranty;
f. This warranty is VOID if the instrument is opened by anyone other than a factory authorized
service center with the one exception where requirements set forth inthe manual allow an
operator to replace consumables or perform recommended cleaning;
g. This warranty is VOID if the product has been misused, neglected, subjected to accidental or
intentional damage, or is not properly installed, maintained, orcleaned according to the
requirements of the manual. Unless specifically authorized in a separate writing by Seller, Seller
makes no warranty with respect to, and shall have noliabilityin connection with, goods which are
incorporated into other products or equipment, or which are modified byany person other than
Seller.
The foregoing is IN LIEU OF all other warranties and is subject to the LIMITATIONS stated herein.
NO OTHER EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE
OR MERCHANTABILITY IS MADE. WITH RESPECT TO SELLER’S BREACH OF THE IMPLIED
WARRANTY AGAINST INFRINGEMENT, SAID WARRANTY IS LIMITED TO CLAIMS OF
DIRECT INFRINGEMENT AND EXCLUDES CLAIMS OF CONTRIBUTORY OR INDUCED
INFRINGEMENTS. BUYER’S EXCLUSIVE REMEDY SHALL BE THE RETURN OF THE
PURCHASE PRICE DISCOUNTED FOR REASONABLE WEAR AND TEAR OR AT SELLER’S
OPTION REPLACEMENT OF THE GOODS WITH NON-INFRINGING GOODS.
TO THE EXTENT PERMITTED BY LAW, THE EXCLUSIVE REMEDY OF THE USER OR
BUYER, AND THE LIMIT OF SELLER'S LIABILITYFOR ANY AND ALL LOSSES, INJURIES, OR
DAMAGES CONCERNING THE GOODS (INCLUDING CLAIMS BASED ON CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITYOR OTHERWISE) SHALL BE THE RETURN OF
GOODS TO SELLER AND THE REFUND OF THE PURCHASE PRICE, OR, AT THE OPTION
OF SELLER, THE REPAIR OR REPLACEMENT OF THE GOODS. IN THE CASE OF
SOFTWARE, SELLERWILL REPAIR OR REPLACE DEFECTIVESOFTWARE OR IF UNABLE
TO DO SO, WILL REFUND THE PURCHASE PRICE OF THE SOFTWARE. IN NO EVENT
SHALL SELLER BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION, OR ANY
SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. SELLER SHALL NOT
BE RESPONSIBLE FOR INSTALLATION, DISMANTLING OR REINSTALLATION COSTS OR
CHARGES. No Action, regardless of form, may be brought against Seller more than12 months
after a cause of action has accrued. The goods returned under warranty to Seller's factory shall be
at Buyer's risk of loss, and will be returned, if at all, at Seller's risk of loss.
Buyer and all users are deemed to have accepted this LIMITATION OF WARRANTY AND
LIABILITY, whichcontains the complete and exclusive limited warranty of Seller. This LIMITATION
OF WARRANTY AND LIABILITY maynot be amended, modified or its terms waived, except by
writing signed by an Officer of Seller.
