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E145701
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Electro
Industries/GaugeTech
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tomer must notify Electro promptly, but in no event more than four (4) year after the
Product's date of delivery of any claimed breach of this warranty, or such claim shall
be time barred.
3.PRODUCT LIMITED WARRANTY RESTRICTIONS
THE LIMITED WARRANTY CONTAINED HEREIN WILL NOT BE GIVEN OR APPLY, AND
NO EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO WARRAN-
TIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGE-
MENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS SHALL
BE DEEMED APPLICABLE, GIVEN OR PROVIDED BY ELECTRO WITH RESPECT TO OR
CONCERNING THE PRODUCT, IF: (a) the Product has been altered, except by Electro
or Electro's authorized representative; (b) the Product has not been installed, oper-
ated, repaired, or maintained in accordance with instructions supplied by Electro; (c)
the Product has been subjected to abnormal physical or electrical stress, abnormal
environmental conditions, misuse, negligence, or accident; (d) the Product is used in
ultrahazardous activities; or (e) the Customer failed to pay Electro the Product's pur-
chase price pursuant the Terms of Sale published by Electro at https://www.elec-
troind.com/pdf/docs/electro-terms-of-sale.pdf.
4.DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILTY
EXCEPT AS EXPRESSLY GIVEN IN THIS LIMITED WARRANTY
SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRE-
SENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUR-
POSE, NON- INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCU-
RACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING,
LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED IN THEIR ENTIRETY TO
THE FULL EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED
BY ELECTRO, AND ARE WAIVED BY THE CUSTOMER. TO THE EXTENT AN IMPLIED
WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO
THE EXPRESS WARRANTY PERIOD STATED HEREIN. THIS DISCLAIMER AND EXCLU-
SION SHALL APPLY EVEN IF THE EXPRESS LIMITIED WARRANTY SET FORTH ABOVE
FAILS OF ITS ESSENTIAL PURPOSE.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ELECTRO HEREBY DISCLAIMS
AND CUSTOMER WAIVES ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES