P11
1. Limited Warranty
a. General
Subject to the terms and conditions of this Limited Warranty, from the date of sale through the period of time
for product categories specified in Section 1(b), ADI warrants AVARRO branded products to be free from
defects in materials and workmanship under normal use and service, normal wear and tear excepted. Except
as required by law, this Limited Warranty is only made to Buyer and may not be transferred to any third party.
ADI shall have no obligation under this Limited Warranty or otherwise if:
(i) The product is improperly installed, applied or maintained;
(ii) The product is installed outside of stated operating parameters, altered, or improperly services or repaired;
(iii) Damage is caused by outside natural occurrences, such as lightning, power surges, fire, floods, acts of
nature, or the like.
(iv) Defects resulting from unauthorized modification, misuse, vandalism, or other causes
unrelated to defective materials or workmanship, or failures related to batteries of any type used in
connection with the products sold hereunder.
ADI only warrants those products branded AVARRO and sold by ADI. Any other products branded by third
parties are warranted by the third party manufacturer for a period as defined by the third party manufacturer,
and ADI assigns to Buyer those warranties and only those warranties extended by such third party
manufacturers or vendors for non-ADI branded products. ADI does not itself warrant any non-ADI branded
product and sells only on an as is basis in accordance with ADI’s terms and conditions of sale.
b. Specific Warranties for product categories are as follows
:
Product Categories
Warranty Period
Mounts
5 years
Rack
5 years
2. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY
THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE
DESCRIPTION ON THE FACE HEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE
SHALL ADI BE LIABLE TO ANYONE FOR ANY (I) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE PRODUCT AND.OR FOR
BREACH OF THIS OR ANY OTHER WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OR UPON ANY
OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY ADI’S OWN
NEGLIGENCE OR FAULT AND EVEN IF ADI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSSES OR DAMAGES. Any product description (whether in writing or made orally by ADI or ADI’s agents),
specifications, samples, models, bulletin, drawings, diagrams, engineering sheets, or similar materials used in
connection with the Buyer’s order are for the sole purpose of identifying ADI’s products and shall not be
construed as an express warranty or condition. Any suggestions by ADI or ADI’s agents regarding use,
applications or suitability of the products shall not be construed as an express warranty or condition unless
confirmed to be such in writing by ADI. ADI does not represent that the products it sells may not be
compromised or circumvented; that the products will prevent any personal injury or property loss by burglary,
robbery, fire or otherwise, or that the products will in all cases provide adequate warning or protection. Buyer
understands and will cause its customer to understand that a properly installed and maintained product is not
insurance or guarantee that such will not cause or lead to personal injury or property loss. CONSEQUENTLY
ADI SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS
BASED ON ANY CLAIM AT ALL INCLUDING A CLAIM THAT THE PRODUCT FAILED TO GIVE WARNING.
However, if ADI is held liable whether directly or indirectly for any loss or damage with respect to the products
it sells, regardless of cause or origin, its maximum liability shall not in any case exceed the purchase price of
the product, which shall be fixed as liquidated damages and not as a penalty and shall be the complete and
exclusive remedy against ADI.
3. Limitation on Liability to Buyer’s Customers
.
