Industrial Scientific TANGO TX2, Product Manual

Page: 44 / 48

38
normal and proper use and service as follows, except where otherwise stated in writing in Industrial Scientific
literature accompanying the product:
•
CO and H
2
S sensors are warranted for three years from the initial purchase date.
•
All other sensors are warranted for two years from the initial purchase date.
Limitation of Liability
THE WARRANTY SET FORTH ABOVE IS STRICTLY LIMITED TO ITS TERMS AND IS IN LIEU OF ALL OTHER
WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF
DEALING, USAGE OF TRADE OR OTHERWISE. INDUSTRIAL SCIENTIFIC MAKES NO OTHER WARRANTIES,
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
Should the product fail to conform to the above warranty, buyer's only remedy and Industrial Sci entific’s only
obligation shall be, at Industrial Scientific’s sole option, replacement or repair of such non -conforming goods or
refund of the original purchase price of the non-conforming goods.
In no event will Industrial Scientific be liable for any other SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR
OTHER SIMILAR DAMAGES, including loss of profit or loss of use, arising out of the sale, manufacture or use of any
products sold hereunder whether such claim is pleaded in contract or in tort, including strict liability in tort and
whether Industrial Scientific has been advised of the potential for such damages.
Industrial Scientific’s total liability hereunder from any cause whatsoever (except liability from personal injury caused
by Industrial Scientific’s negligence), whether arising under contract, warranty, tort (including negligence), strict
liability, produ cts liability or any other theory of liability, will be limited to the lesser of Buyer’s actual damages or the
price paid to Industrial Scientific for the Products that are the subject of Buyer’s claim. All claims against Industrial
Scientific must be brought within one year after the cause of action arises, and Buyer expressly waives any longer
statute of limitations.
It shall be an express condition to Industrial Scientific's warranty that all products be carefully inspected for damage
by Buyer upon receipt, be properly calibrated for Buyer's particular use, and be used, repaired, and maintained in
strict accordance with the instructions set forth in Industrial Scientific's product literature. Repair or maintenance by
non-qualified personnel will invalidate the warranty, as will the use of non-approved consumables or spare parts.
As with any other sophisticated product, it is essential and a condition of Industrial Scientific's warranty that all
personnel using the products be fully acquainted with their use, capabilities and limitations as set forth in the
applicable product literature. Buyer acknowledges that it alone has determined the intended purpose and suitability of
the goods purchased.
It is expressly agreed by the parties that any technical or other advice given by Industrial Scientific with respect to the
use of the goods or services is given without charge and at Buyer’s risk; therefore, Industrial Scientific assumes no
obligations or liability for the advice given or results obtained.