46 Warranty
Warranty
Electronic Security Products, Inc. (hereinafter "ESP") warrants all instruments it
manufactures to be free from defect in materials and factory workmanship, and agrees to
repair or replace any instrument that fails to perform as specified within one year after date
of shipment.
This warranty shall not apply to any instrument that has been repaired, worked on or altered
by persons unauthorized by ESP in such a manner as to injure, in our sole judgment, the
performance, stability, or reliability of the instrument; subjected to misuse, negligence or
accident; or connected, installed, adjusted, or used otherwise than in accordance with the
instructions furnished by us.
At no charge, we will repair, at our plant, or an authorized repair station, or at our option,
replace any of our products found to be defective under this Warranty.
This Warranty is in lieu of any other warranties, expressed or implied, including any implied
warranties of merchantability or fitness for a particular purpose. There are no warranties which
extend beyond the description on the face hereof, Purchaser acknowledges that no salesman,
agent, employee or other person has made any such presentations or warranties or otherwise
assumed for ESP any liability in connection with the sale of any goods to the purchase. Buyer
hereby waives all rights Buyer may have arising out of any breach of contract or breach of
warranty on the part of ESP, to any incidental or consequential damages, including but not limited
to damages to property, damages for injury to the person, damages for loss of use, loss of time,
loss of profits or income, or loss resulting from personal injury.
The Purchaser agrees that the Purchaser is responsible for notifying any subsequent Buyer
of goods manufactured by ESP of the warranty provisions, limitations, exclusions and
disclaimers stated herein, prior to the time any such goods are purchased by such Buyer,
and the Purchaser hereby agrees to indemnify and hold ESP harmless from any claim
asserted against or liability imposed on ESP occasioned by the failure of the Purchaser to so
notify such buyer. This provision is not intended to afford subsequent Purchasers any
warranties or rights not expressly granted to such subsequent Purchasers under the law.
ESP reserves the right to make any changes in the design or construction of its instruments
at any time, without incurring any obligation to make any change whatever in units
previously delivered. ESP sole liabilities, and Buyeríssoleremedies,underthisagreement
shall be limited to the purchase price, or at our sole discretion, to the repair or replacement
of any instrument that proves, upon examination, to be defective, when returned to our
factory, transportation prepaid by the Buyer, within the applicable period of time from the
date of original shipment. Return transportation charges of repaired or replacement
instruments under warranty will be prepaid by ESP.
ESP is solely a manufacturer and assumes no responsibility of any form for the accuracy or
adequacy of any test results, data, or conclusions which may result from the use of its
equipment.
The manner in which the equipment is employed and the use to which the data and test
results may be put are completely in the hands of the Purchaser. ESP shall in no way be
liable for damages consequential or incidental to defects in any of its products.
This warranty constitutes the full understanding between the manufacturer and buyer, and
no terms, conditions, understanding or agreement purporting to modify or vary the terms
hereof shall be binding unless hereafter made in writing and signed by an authorized official
of ESP.