Page 16
5
Product Warranty
Cemar Electro Inc. warrants its patient positioning equipment to be free from defects in
materials and workmanship under normal use and service for 2 years from the date of the shipment.
The sole obligation of Cemar Electro Inc. under this warranty is to repair or replace without charge
or to refund the purchase price, at the option of Cemar Electro Inc., of any parts which its
examination shall have disclosed to be defective, provided that the buyer shall have given to Cemar
Electro Inc., a written notice of the claimed defect no later than 7 days after the end of the warranty
period which is two years of the date of the shipment. At the request of Cemar Electro Inc., the
buyer, at its expense, shall return the claimed defective part to Cemar Electro Inc.
DISCLAIMER OF OTHER WARRANTIES
The aforesaid warranty rights are buyer's exclusive remedies and are in lieu of any other
remedies, obligations, or rights, including, without limitation, any other warranties, expressed or
implied (e.g., implied warranties of merchantability or fitness for a particular purpose). Under no
circumstances shall Cemar Electro Inc. be liable for any incidental, indirect, special or
consequential damages or for any other loss, damage, penalty or expense of any kind, including,
without limitation, loss of profits or overhead, reimbursement, personal injury or property damage.
The aforesaid warranty obligation of Cemar Electro Inc. constitutes its sole liability, and under no
circumstances, shall the maximum liability of Cemar Electro Inc., under any legal theory(e.g.,
contract, warranty, negligence, promissory estoppel, strict liability, misrepresentation, tort) and for
any reason whatsoever (e.g., defect, delay or otherwise) exceed the purchase price of the defective
part regardless whether the claim is asserted by buyer or any other person or entity. The liabilities
of Cemar Electro Inc. as above set forth, shall not be extended because of advice given by it in
connection with the design, installation or use of the equipment or parts, therefore.
