Warranty
1. Limited Warranty. Subject to the limitations contained in Section 10 (Limitation of Remedy
and Liability) herein, Seller warrants that (a) the licensed firmware embodied in the Goods will
execute the programming instructions provided by Seller; (b) that the Goods manufactured
by Seller will be free from defects in materials or workmanship under normal use and care;
and (c) Services will be performed by trained personnel using proper equipment and
instrumentation for the particular Service provided. The foregoing warranties will apply until
the expiration of the applicable warranty period. Sensors and detectors are warranted against
defective parts and workmanship for 24 months from the date of purchase and other
electronic assemblies for 36 months from the date of purchase. Products purchased by Seller
from a third party for resale to Buyer (Resale Products) shall carry only the warranty extended
by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products
beyond making a reasonable commercial effort to arrange for procurement and shipping of
the Resale Products. If Buyer discovers any warranty defects and notifies Seller thereof in
writing during the applicable warranty period, Seller shall, at its option, (i) correct any errors
that are found by Seller in the firmware or Services; (ii) repair or replace FOB point of
manufacture that portion of the Goods found by Seller to be defective; or (iii) refund the
purchase price of the defective portion of the Goods/Services. All replacements or repairs
necessitated by inadequate maintenance; normal wear and usage; unsuitable power sources
or environmental conditions; accident; misuse; improper installation; modification; repair;
use of unauthorized replacement parts; storage or handling; or any other cause not the fault
of Seller, are not covered by this 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 or
any other party except as may be agreed upon in writing in advance by Seller. All costs of
dismantling, reinstallation, freight and the time and expenses of Seller’s personnel and
representatives for site travel and diagnosis under this limited warranty clause shall be borne
by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller
during the warranty period shall be in warranty for the remainder of the original warranty
period or 90 days, whichever is longer. This limited warranty is the only warranty made by
Seller and can be amended only in a writing signed by an authorized representative of Seller.
The limited warranty herein ceases to be effective if Buyer fails to operate and use the Goods
sold hereunder in a 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. Limitation of Remedy and Liability. SELLER SHALL NOT BE LIABLE FOR DAMAGES
CAUSED BY DELAY IN 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 CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL
SELLER’S LIABILITY TO BUYER AND/OR BUYER’S CUSTOMERS EXTEND TO INCLUDE
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. 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.