IOM AddPak R02
Page 7/24
3.1 - Limited Warranty Continued
A decontamination statement, RMA, and Customer
Problem Report must also accompany equipment
returned. Product received in an unsuitable con-
dition will be returned at Buyer’s expense without
being examined.
Goods repaired, and parts replaced during the
warranty period shall be in warranty for the
remainder of the original warranty period or
ninety (90) days, whichever is longer.
This limited warranty is the only warranty made
by Brodie and can be amended only in a writing
signed by an authorized representative of Brodie.
Except as otherwise expressly provided in the
Agreement, there are no representations or war-
ranties of any kind, expressed or implied, as to
merchantability, fi tness for a particular purpose, or
any other matter with respect to any of the goods
or services.
It is understood that corrosion or erosion of ma-
terials is not covered by our guarantee unless the
Buyer has notifi ed the Seller the product will be
used in an environment conducive to corrosion
and/or erosion and the product has been coated
with Brodie’s recommended method of protection
against corrosion / erosion.
3.2 - Limitation of Remedy and Liability
Brodie International, a Brodie Meter Co., LLC Com-
pany (“Brodie”) shall not be liable for damages
caused by delay in performance.
The sole and exclusive remedy for breach of war-
ranty hereunder shall be limited to repair, correc-
tion, replacement or refund of purchase price un-
der the limited warranty clause in Section 1 herein.
In no event, regardless of the form of the claim or
cause of action (whether based in contract, in-
fringement, negligence, strict liability, other tort or
otherwise), shall “Brodie’s” liability to buyer and/or
its customers exceed the price to buyer of the spe-
cifi c goods manufactured or services provided by
Brodie giving rise to the claim or cause of action.
Buyer agrees that in no event shall Brodie’s liabili-
ty to buyer and/or its customers extend to include
incidental, consequential or punitive damages.
The term “consequential damages” shall include,
but not be limited to, loss of anticipated profi ts,
loss of use, loss of revenue and cost of capital.
Brodie International
P.O. Box 450 (30459-0450)
19267 Highway 301 North
Statesboro, GA 30461, USA
www.brodieintl.com
Phone: +1 (912) 489-0200
