Warranty

WARRANTY:

For a period of two (2) years from date of availability for use or four thousand (4,000) hours of operation, whichever occurs first, the Seller warrants to Buyer that the equipment manufactured by the Seller shall be free from defects of design, materials, or workmanship, and (where Seller installs the equipment) installation under normal use and maintenance. Said warranty is conditioned upon Buyer giving Seller immediate written notice of an alleged defect, and refraining from the attempted repair of alleged defects or from any use which would cause further damage without prior written consent of Seller. For any components purchased by Seller from other vendors for use on, or in conjunction with, the equipment which is the subject of the Contract, the Seller passes through to the Buyer any warranty provided to Seller by the component vendor or manufacturer.

THE SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO COMPONENTS NOT MANUFACTURED BY SELLER; THE SOLE WARRANTIES AND REMEDIES WITH RESPECT TO SUCH EQUIPMENT ARE THOSE EXTENDED BY THE MANUFACTURER OF THE COMPONENT PART, IF ANY. THE FOREGOING WARRANTY PROVISIONS ARE EXPRESSLY IN LIEU OF, AND THE SELLER DISCLAIMS: (A) ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (B) ALL OTHER OBLIGATIONS OR LIABILITY ON THE PART OF THE SELLER RELATING TO THE DESIGN, MANUFACTURE, OR INSTALLATION OF ANY EQUIPMENT. THE SELLER NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE DESIGN, SALE, INSTALLATION, OR OPERATION OF THE EQUIPMENT SUBJECT TO THE CONTRACT.

LIMITATION OF REMEDY:

The liability of Seller for its design, materials, or workmanship and (where Seller installs the equipment) installation of any equipment shall be limited to the re-design, repair, or replacement, at Seller’s option, of any part, subassembly or equipment which may prove to be defective under proper use, service, and maintenance after Seller, in its sole discretion, determines same to be defective. In the event that Seller is unable to re-design, repair, or replace a defective part, subassembly, or the equipment, or that the repair or replacement remedy fails of its essential purpose for any reason, then the sole and exclusive remedy of Buyer shall be return of the total sums paid for such design, part, subassembly, or equipment. Buyer’s sole and exclusive remedies with respect to components purchased by Seller from other vendors are the remedies against the vendor provided by the vendor’s warranty or by law. Buyer shall have no remedy against Seller with respect to such components.

IT IS EXPRESSLY AGREED THAT UNDER NO CIRCUMSTANCES SHALL THE SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, WHETHER ARISING UNDER ALLEGED BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, DESIGN ERRORS OR OMISSIONS, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND BUYER’S REMEDY FOR ANY AND ALL ECONOMIC DAMAGES SHALL BE STRICTLY LIMITED AS STATED HEREIN.