PressureMAT User Guide
Revision 8
Page 35/48
APPENDIX A: PRODUCT WARRANTY
PENDOTECH LIMITED WARRANTY
LIMITED WARRANTY:
Subject to the limitations contained in LIMITATION OF REMEDY AND LIABILITY and except as otherwise expressly
provided herein, PendoTECH LLC (“Seller”) warrants that the Software will execute the programming instructions provided by Seller, and that the
products, systems and goods (“Goods”) manufactured by Seller will be free from defects in materials or workmanship under normal use and
service until the expiration of twenty-four (24) months from the date of shipment by Seller. Expendable items are warranted to be free from defects
in material and workmanship under normal use and service for a period of ninety (90) days from the date of shipment by Seller. Products
purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer.
Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and
shipping of the Resale Products. If, within thirty (30) days after Buyer’s discovery of any warranty defects during the applicable warranty period,
Buyer notifies Seller thereof in writing, Seller shall, at its option and as Buyer’s sole and exclusive remedy hereunder, promptly correct any errors
that are found by Seller to exist in the Software, or repair or replace F.O.B. point of manufacture, that portion of the Goods or Software found by
Seller to be defective. All replacements or repairs necessitated by inadequate preventive maintenance, or by normal wear and usage, or by fault
of Buyer, or by unsuitable power sources or by attack or deterioration under unsuitable environmental conditions, or by abuse, accident, alteration,
misuse, improper installation, modification, repair, storage or handling, or any other cause not the fault of Seller are not covered by this limited
warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except
as may be agreed upon in writing in advance by an authorized Seller representative. All costs of dismantling, reinstallation and freight and the time
and expenses of Seller’s personnel for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by
Seller. Failure by Buyer to give such written notice of defects within the applicable time period shall be deemed an absolute and unconditional
waiver of Buyer’s claim for such defects. Goods repaired and parts replaced during the warranty period shall be in warranty for the remainder of
the original warranty period or ninety (90) days, whichever is longer.
All warranties, either express or implied, extend to BUYER only. All
descriptions, representations and/or other information concerning Goods on the PendoTECH website and/or contained in PendoTECH’s
advertisements, brochures, promotional material, or statements made by employees or sales representatives of PendoTECH are solely for
general informational purposes only and are not binding upon PendoTECH. No employee or sales representative of PendoTECH shall have any
authority to establish, expand or otherwise modify PendoTECH’s warranty associated with the sale of Goods. SELLER shall not be liable to
BUYER in any manner with respect to Goods sold. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, EXPRESS
OR IMPLIED, AND EXPRESSLY DISCLAIMS AND EXCLUDES ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OR WARRANTY ARISING FROM USAGE OF TRADE, COURSE
OF DEALING OR PERFORMANCE. PendoTECH, LLC makes no warranty or representation regarding whether or not a customer’s end use of
any PendoTECH product, system or good infringes the valid intellectual property rights of others.
LIMITATION OF REMEDY AND LIABILITY:
SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE.
THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDER SHALL BE LIMITED TO REPAIR, CORRECTION OR
REPLACEMENT UNDER THE LIMITED WARRANTY. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF
ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL
SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE TO BUYER OF THE SPECIFIC GOODS
MANUFACTURED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL
SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS,
LOSS OF USE, LOSS OF REVENUE AND COST OF CAPITAL.
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