Goods and part(s) (excluding consumables) manufactured by Seller are warranted to be free from
defects in workmanship and material under normal use and service for a period of twelve (12)
months from the date of shipment by Seller. Consumables, glass electrodes, membranes, liquid
junctions, electrolyte, o-rings, etc., are warranted to be free from defects in workmanship and
material under normal use and service for a period of ninety (90) days from date of shipment by
Seller. Goods, part(s) and consumables proven by Seller to be defective in workmanship and/or
material shall be replaced or repaired, free of charge, F.O.B. Seller's factory provided that the goods,
part(s) or consumables are returned to Seller's designated factory, transportation charges prepaid,
within the twelve (12) month period of warranty in the case of goods and part(s), and in the case of
consumables, within the ninety (90) day period of warranty. This warranty shall be in effect for
replacement or repaired goods, part(s) and the remaining portion of the ninety (90) day warranty in
the case of consumables. A defect in goods, part(s) and consumables of the commercial unit shall
not operate to condemn such commercial unit when such goods, part(s) and consumables are
capable of being renewed, repaired or replaced.
The Seller shall not be liable to the Buyer, or to any other person, for the loss or damage directly or
indirectly, arising from the use of the equipment or goods, from breach of any warranty, or from any
other cause. All other warranties, expressed or implied are hereby excluded.
IN CONSIDERATION OF THE HEREIN STATED PURCHASE PRICE OF THE GOODS, SELLER
GRANTS ONLY THE ABOVE STATED EXPRESS WARRANTY. NO OTHER WARRANTIES ARE
GRANTED INCLUDING, BUT NOT LIMITED TO, EXPRESS AND IMPLIED WARRANTIES OR
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitations of Remedy. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN
PERFORMANCE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL
BE LIMITED TO REPAIR OR REPLACEMENT UNDER THE STANDARD WARRANTY CLAUSE. IN
NO CASE, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, SHALL SELLER'S
LIABILITY EXCEED THE PRICE TO BUYER OF THE SPECIFIC GOODS MANUFACTURED BY
SELLER GIVING RISE TO THE CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT
SHALL SELLER'S LIABILITY EXTEND TO INCLUDE INCIDENTAL OR CONSEQUENTIAL
DAMAGES. CONSEQUENTIAL DAMAGES SHALL INCLUDE, BUT ARE NOT LIMITED TO, LOSS
OF ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE, COST OF CAPITAL AND
DAMAGE OR LOSS OF OTHER PROPERTY OR EQUIPMENT. IN NO EVENT SHALL SELLER BE
OBLIGATED TO INDEMNIFY BUYER IN ANY MANNER NOR SHALL SELLER BE LIABLE FOR
PROPERTY DAMAGE AND/OR THIRD PARTY CLAIMS COVERED BY UMBRELLA INSURANCE
AND/OR INDEMNITY COVERAGE PROVIDED TO BUYER, ITS ASSIGNS, AND EACH
SUCCESSOR INTEREST TO THE GOODS PROVIDED HEREUNDER.
Force Majeure. Seller shall not be liable for failure to perform due to labor strikes or acts beyond
Seller's direct control.
Rosemount Analytical
Rosemount Analytical Inc.
4125 E
AST
L
A
P
ALMA
A
VENUE
• A
NAHEIM
, C
ALIFORNIA
92807-1802 • 714-986-7600 • FAX 714-577-8006
F
EBRUARY
1997 • 7485189-C • P
RINTED IN
USA
W
ARRANTY
