Product Warranty
Seller warrants to the Original Buyer that any unit shipped to the Original Buyer, under normal and
proper use, be free from defects in material and workmanship for a period of 24 months from the date
of shipment to the Original Buyer. This warranty will not be extended to items repaired by anyone
other than the Seller or its authorized agent. The foregoing warranty is exclusive and in lieu of all
other warranties of merchantability, fitness for purpose, or any other type, whether express or implied.
Remedies and Limitation of Liability
A. All claims for breach of the foregoing warranty shall be deemed waived unless notice of such
claim is received by Seller during the applicable warranty period and unless the items to be defective
are returned to Seller within thirty (30) days after such claim. Failure of Seller to receive written notice
of any such claim within the applicable time period shall be deemed an absolute and unconditional
waiver by buyer of such claim irrespective of whether the facts giving rise to such a claim shall have
been discovered or whether processing, further manufacturing, other use or resale of such items shall
have then taken place.
B. Buyer’s exclusive remedy, and Seller’s total liability, for any and all losses and damages arising
out of any cause whatsoever (whether such cause be based in contract, negligence, strict liability,
other tort or otherwise) shall in no event exceed the repair price of the work to which such cause
arises. In no event shall Seller be liable for incidental, consequential, or punitive damages resulting
from any such cause. Seller may, at its sole option, either repair or replace defective goods or work,
and shall have no further obligations to Buyer. Return of the defective items to Seller shall be at
Buyer’s risk and expense.
C. Seller shall not be liable for failure to perform its obligations under the contract if such failure re-
sults directly or indirectly from, or is contributed to by any act of God or of Buyer; riot; fire; explosion;
accident; flood; sabotage; epidemics; delays in transportation; lack of or inability to obtain raw materi
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als, components, labor, fuel or supplies; governmental laws, regulations or orders; other circumstanc-
es beyond Seller’s reasonable control, whether similar or dissimilar to the foregoing; or labor trouble,
strike, lockout or injunction (whether or not such labor event is within the reasonable control of Seller)
Copyright Notice
Copyright
©
2006-2018 Engage Communication, Inc.
All rights reserved. This document may not, in part or in entirety, be copied, photocopied, repro-
duced, translated, or reduced to any electronic medium or machine-readable form without first obtain
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ing the express written consent of Engage Communication. Restricted rights legend: Use, duplication,
or disclosure by the U.S. government is subject to restrictions set forth in subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software clause in DFARS 52.227-7013 and in similar
clauses in the FAR and NASA FAR Supplement.
Information in this document is subject to change without notice and does not represent a commit-
ment on the part of Engage Communication, Inc.
