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WARRANTY
NDT Systems, Inc. (hereinafter NDT Systems) warrants that reasonable
care was used in the choice of materials and the manufacture of this
instrument, and that the instrument conforms to the published ratings and
characteristics applicable to the instrument at the time the instrument is
shipped to the Buyer. This warranty shall extend for a period of one year
from the date of shipment of the instrument (FOB Seller's plant) and shall
in no event extend beyond such term. The Buyer shall notify NDT
Systems by registered or certified mail, return receipt requested, of any
claim of discovery of such defect. Failure to notify NDT Systems within the
time and in the manner specified herein shall constitute a waiver of any
such claim of defect or breach of warranty. The final determination of the
existence of a defect or breach of this warranty shall be made by NDT
Systems. This warranty shall extend to the Buyer only, and shall not be
assignable or transferable to any other person.
DISCLAIMER OF W ARRANTIES
THERE ARE NO W ARRANTIES. EXPRESS OR IMPLIED. INCLUDING
ANY IMPLIED W ARRANTY OF MERCHANT ABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. OTHER THAN THOSE W ARRANTIES SET
FORTH IN THE PARAGRAPH ENTITLED "W ARRANTY' ABOVE.
The above warranty shall not apply to digital panel meters and items with
a limited life, such as batteries, probes or cables, nor to any instruments
which have been subjected to misuse. improper installation or repair,
alteration. or use beyond the published maximum ratings of the
instrument.
BUYER'S REMEDIES
The Buyer's sole and exclusive remedy for breach of the above warranty
shall be the repair or replacement (at the discretion of NDT Systems) of
the instrument by NDT Systems free of charge. The Buyer shall return the
instrument to NDT Systems. transportation prepaid. NDT Systems shall
promptly repair or replace the instrument and return same to Buyer, FOB
Seller's Plant, collect.
If. for any reason. NDT Systems is unable or unwilling to repair or replace
the instrument or because of circumstances, the exclusive remedy
provided herein fails of its essential purpose, or operates to deprive either
party of the substantial value of its bargain then the Purchaser's exclusive
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remedy will be the return of the purchase price for the instrument. The
liability of NDT Systems shall in no event be greater then the full amount
of the purchase price for the instrument.
Any attempt by NDT Systems to repair or replace any instrument sold
hereunder shall not constitute an admission that the instrument, or any
part thereof, is defective within the meaning of the above warranty, nor
that NDT Systems has any legal responsibility to make such repair or
effect such replacement.
Any such attempts, if unsuccessful, shall not create any liability on the part
of NDT Systems and the purchaser is limited to the remedy set forth
herein.
LIMITATIONS ON LIABILITY
NDT Systems shall not, under any circumstances, be liable for direct.
incidental or consequential damages for any breach of contract, breach of
warranty or misrepresentations. including the negligence of NDT Systems,
including, but not limited to damages resulting directly or indirectly from
the use, or loss of use. of the instrument sold hereunder, or the business
of the Buyer or third persons wherein the instrument is utilized.
The above warranty and the obligations of NDT Systems hereunder, are
expressly in lieu of, and the Buyer expressly waives, any other liability of
NDT Systems based upon warranty, express of implied, contract, or the
negligence of NDT Systems including but not limited to. negligence in the
design of the instrument or in the choice of the materials therefor. or
negligence in the repair or replacement of the instrument, whether such
repair or replacement is required by the terms hereof or is voluntary, upon
the part of NDT Systems.
Except as provided herein. no person is authorized to assume on behalf of
NDT Systems any other or additional liability or responsibility in
connection with the instrument. These terms and warranty are applicable
to and complete acceptance of such a binding legal agreement.
NDT Systems, Inc.
17811 Georgetown Lane Huntington Beach, CA 92647
Jan 2005 (714)893-2438
