Replacement Parts and Service
EM3 AEM Monitor User’s Guide
8-3
Limited Warranty
Express Warranty:
ENCISION hereby warrants to Buyer that products purchased hereunder shall be
free from defects in material and workmanship under normal use and service, as specified in
ENCISION’s product manuals and Instructions for Use provided with such product, for the period of:
AEM Monitors – one (1) year from date of shipment to Buyer, or ninety (90) days from the date of
shipment to Buyer of any repair, reconditioning or replacement thereof.
Instruments and Accessories – as stated in the applicable Instructions for Use. This warranty shall
run in favor of Buyer only, and is not enforceable by any other person or entity.
Disclaimer:
The express warranties set forth in this agreement are in lieu of, and buyer hereby
expressly waives, all other guarantees and warranties of any kind, whether express, implied or
statutory including, without limitation, merchantability, fitness for particular purpose, non-infringement
or by sample, and all such other warranties are hereby disclaimed and excluded by ENCISION. The
sole and exclusive remedy for breach of ENCISION’s warranty of the products shall be as stated
herein.
Exclusions:
The express warranty set forth above specifically excludes and does not apply to defects
(i) caused through no fault of ENCISION during shipment to or from Buyer, (ii) caused by modifications
or alterations made to the products by Buyer or any third party (iii) caused by unauthorized repair or
maintenance performed on the products by Buyer or any third party, (iv) caused by the failure of Buyer
to comply with any of the return procedures specified below, or (v) damaged by excessive current,
temperature, physical stress or other deviation from the applicable environmental specifications.
Limitation of Remedies:
ENCISION’s sole obligation and Buyer’s exclusive remedy for any breach of
warranty is limited to the repair or replacement, at Encision’s option, of any warranted product that is
returned to ENCISION in its standard shipping container or properly packed in accordance with
ENCISION’s packing procedures, freight prepaid, where ENCISION’s examination shows the product
to have failed under normal use. If ENCISION’s examination discloses that the returned product is not
defective within the terms of this warranty, Buyer shall be subject to a $200.00 charge per individual
product for testing expenses incurred by ENCISION and the product will be returned to Buyer, freight
collect. Such repair or replacement and reshipment at ENCISION’s expense will be Buyer’s sole and
exclusive remedy for such defect. ENCISION will pay shipping charges for the repaired or replaced
from ENCISION’s factory to Buyer’s location. If, notwithstanding the foregoing, Buyer ships any
product to ENCISION’s factory freight collect, then ENCISION shall ship the repaired or replaced
product freight collect.
Warranty Procedures:
Buyer shall request authorization from ENCISION prior to the return of each
defective product for repair or replacement by ENCISION. Upon such request, ENCISION shall
provide the address of the facility to which such product must be returned, together with Return
Material Authorization (RMA) tracer number. ENCISION may, at its sole option, employ new or used
parts for products to make such repair or replacement.
Stored Data:
ENCISION shall not be liable for any loss or damage to any data stored in any product,
including, without limitation, any data loss or damage resulting from any malfunction or defect or any
loss or damage resulting from any inspection, repair, refurbishment, reconditioning or testing of the
product or incurred in connection with transportation of the product to ENCISION or ENCISION’s
authorized repair center.
Technical Assistance:
ENCISION’s warranty shall not be enlarged, and no obligation or liability shall
arise out of ENCISION’s rendering of technical advice or assistance in connection with the products
sold hereunder.
Limitation of Liability:
To the extent allowable by applicable law, in no event shall ENCISION be
liable for any special, incidental or consequential damages in connection with or arising out of the sale,
installation, use, operation, service or repair of any product, whether based on breach of warranty or
contract, strict liability, negligence or otherwise, whether or not ENCISION shall have been advised as
to the possibility or reason for any such potential loss or damage. Direct damages shall be strictly
limited to the cost to Buyer of the products sold or provided to Buyer, not withstanding any failure of
essential purpose of any limited remedy.