Emerson Net Safety JB Series, Справочное руководство

Страница: 5 / 32

Warranty
1. Limited Warranty. Subject to the limitations contained in Section 10 (Limitation of Remedy and
Liability) herein, Seller warrants that (a) the licensed firmware embodied in the Goods will
execute the programming instructions provided by Seller; (b) that the Goods manufactured by
Seller will be free from defects in materials or workmanship under normal use and care; and (c)
Services will be performed by trained personnel using proper equipment and instrumentation
for the particular Service provided. The foregoing warranties will apply until the expiration of
the applicable warranty period. Sensors and detectors are warranted against defective parts
and workmanship as per
Section 7.3 . 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 Buyer
discovers any warranty defects and notifies Seller thereof in writing during the applicable
warranty period, Seller shall, at its option, (i) correct any errors that are found by Seller in the
firmware or Services; (ii) repair or replace FOB point of manufacture that portion of the Goods
found by Seller to be defective; or (iii) refund the purchase price of the defective portion of the
Goods/Services. All replacements or repairs necessitated by inadequate maintenance; normal
wear and usage; unsuitable power sources or environmental conditions; accident; misuse;
improper installation; modification; repair; use of unauthorized replacement parts; storage or
handling; or any other cause not the fault of Seller, are not covered by this limited warranty and
shall be replaced or repaired at Buyer’s sole expense and 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 Seller. All costs of dismantling, reinstallation, freight and the time and
expenses of Seller’s personnel and representatives for site travel and diagnosis under this
limited warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods
repaired and parts replaced by Seller during the warranty period shall be in warranty for the
remainder of the original warranty period or 90 days, whichever is longer. This limited warranty
is the only warranty made by Seller and can be amended only in a writing signed by an
authorized representative of Seller. The limited warranty herein ceases to be effective if Buyer
fails to operate and use the Goods sold hereunder in a safe and reasonable manner and in
accordance with any written instructions from the manufacturers. THE WARRANTIES AND
REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR
SERVICES.
2. Limitation of Remedy and Liability. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY
DELAY IN PERFORMANCE. THE REMEDIES OF BUYER SET FORTH IN THE AGREEMENT ARE
EXCLUSIVE. 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 BUYER’S CUSTOMERS
EXCEED THE PRICE TO BUYER OF THE SPECIFIC GOODS MANUFACTURED OR SERVICES
PROVIDED 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 BUYER’S CUSTOMERS EXTEND TO
INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM
“CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF
ANTICIPATED PROFITS, REVENUE OR USE AND COSTS INCURRED INCLUDING WITHOUT
LIMITATION FOR CAPITAL, FUEL AND POWER, AND CLAIMS OF BUYER’S CUSTOMERS.