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11. Repair and Warranty
11.1 Repair
For repairs, please contact the distributor you purchased the product or Gastec Corporation.
11.2 PRODUCT WARRANTY AND DISCLAIMER
Gastec warrants that its products are free from defects in design, material, and workmanship and will
comply with the specifications established by Gastec for a period of one year from the date of purchase.
With respect to any defective product to which this Warranty applies, Gastec shall, at its sole option,
either replace the defective product with a new product or refund the purchase price of the defective
product. THIS REPLACEMENT OR REFUND REMEDY SHALL BE THE CUSTOMER’S OR
END USER’S SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCTS. THE
AGGREGATE LIABILITY THAT GASTEC SHALL HAVE WITH RESPECT TO PRODUCTS
SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER OR END
USER FOR THE PRODUCT THAT IS THE SUBJECT OF THE PARTICULAR CLAIM.
GASTEC MAKES NO WARRANTY, PROMISE, OR REPRESENTATION NOT EXPRESSLY SET
FORTH IN THIS WARRENTY STATEMENT. EXCEPT FOR THE WARRANTIES EXPRESSLY
SET FORTH HEREIN, GASTEC PROVIDES THE PRODUCTS “AS IS” WITHOUT WARRANTY
AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, EITHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTIBILITY, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE
LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED
UNDER APPLICABLE LAW IS LIMITED TO THE LESSER OF NINETY (90) DAYS AFTER
SHIPMENT OF THE PRODUCT FROM GASTEC’S FACILITIES OR THE SHORTEST PERIOD
THAT IS PERMITTED BY APPLICABLE LAW.
GASTEC SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY DELAY IN THE
DELIVERY OF PRODUCTS. NEITHER SHALL GASTEC BE LIABLE PURSUANT TO THIS
WARRANTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, AND/OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY,
INCLUDING BUT NOT LIMITED TO COMPENSATION, REIMBURSEMENT, AND/OR
DAMAGE ON ACCOUNT OF THE LOSS OF PROSPECTIVE PROFITS OR ANTICIPATED
SALES, ANY EXPENDITURES OR COMMITMENTS MADE OR INCURRED IN CONNECTION
WITH THE BUSINESS OR GOODWILL OF SUCH OTHER PARTY, OR OTHERWISE, EVEN
GASTEC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Warranty shall not apply if: (a) the product is modified, tampered with or altered by anyone other
than Gastec after leaving Gastec’s control, unless authorized by Gastec in writing; (b) Gastec is not
notified in writing of the loss, claim or product nonconformity within 365 days after purchase; (c) the
product is not distributed, stored, used, maintained, and/or repaired in accordance with all applicable
instructions, guidelines, warnings, laws, standards and product literature; (d) the product is subjected
to abuse, accident, misuse, neglect, inadequate protection against shock, vibration, excessively high
or low temperatures or overpressure, or unauthorized repair, testing, storage, shipping or handling; (e)
the loss, claim, product nonconformity, or damage to the product is caused by a combination of the
product with any items not supplied by Gastec, or by the use of the product with any other Gastec
product contrary to Gastec’s instructions, guidelines, and warnings; (f) the product is beyond its
expiration date, tube shelf life, maximum storage period, or maximum refrigerated storage period; (g)
the product was purchased or acquired through a source other than an authorized Gastec or its
