2000, 2001 Cirronet
Incorporated
19
M-2410-0007 Rev -
Warranty
Seller warrants solely to Buyer that the goods delivered hereunder shall be free from
defects in materials and workmanship, when given normal, proper and intended usage, for
twelve (12) months from the date of delivery to Buyer. Seller agrees to repair or replace at
its option and without cost to Buyer all defective goods sold hereunder, provided that
Buyer has given Seller written notice of such warranty claim within such warranty period.
All goods returned to Seller for repair or replacement must be sent freight prepaid to
Seller’s plant, provided that Buyer first obtain from Seller a Return Goods Authorization
before any such return. Seller shall have no obligation to make repairs or replacements
which are required by normal wear and tear, or which result, in whole or in part, from
catastrophe, fault or negligence of Buyer, or from improper or unauthorized use of the
goods, or use of the goods in a manner for which they are not designed, or by causes
external to the goods such as, but not limited to, power failure. No suit or action shall be
brought against Seller more than twelve (12) months after the related cause of action has
occurred. Buyer has not relied and shall not rely on any oral representation regarding the
goods sold hereunder, and any oral representation shall not bind Seller and shall not be a
part of any warranty.
THE PROVISIONS OF THE FOREGOING WARRANTY ARE IN LIEU OF ANY
OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR
ORAL (INCLUDING ANY WARRANTY OR MERCHANT ABILITY OR
FITNESS FOR A PARTICULAR PURPOSE). SELLER’S LIABILITY ARISING
OUT OF THE MANUFACTURE, SALE OR SUPPLYING OF THE GOODS OR
THEIR USE OR DISPOSITION, WHETHER BASED UPON WARRANTY,
CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL
PURCHASE PRICE PAID BY BUYER FOR THE GOODS. IN NO EVENT
SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER PERSON OR
ENTITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR
LOSS OF USE DAMAGES ARISING OUT OF THE MANUFACTURE, SALE OR
SUPPLYING OF THE GOODS. THE FOREGOING WARRANTY EXTENDS TO
BUYER ONLY AND SHALL NOT BE APPLICABLE TO ANY OTHER PERSON
OR ENTITY INCLUDING, WITHOUT LIMITATION, CUSTOMERS OF
BUYERS.
