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11 WARRANTY
1. WARRANTY:
NDT Systems warrants that reasonable care was used in the choice of materials and the
manufacture of this instrument, and that the instrument conforms to the published ratings and
characteristics applicable to the instrument at the time the instrument is shipped to the Buyer.
This warranty shall extend for a period of one year from the date of shipment of the
instrument (FOB) Seller's plant) and shall in no event extend beyond such term. The Buyer
shall notify NDT Systems by registered or certified mail, return receipt requested, of any
claim of discovery of such defect. Failure to notify NDT Systems within the time and in the
manner specified herein shall constitute a waiver of any such claim of defect or breach of
warranty. The final determination of the existence of a defect or breach of this warranty
shall be made by NDT Systems This warranty shall extend to the Buyer only, and shall not
be assignable or transferable to any other person.
2. DISCLAIMER OF WARRANTIES:
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES SET FORTH IN THE PARAGRAPH
ENTITLED "WARRANTY" ABOVE.
The above warranty shall not apply to digital panel meters and items with a limited life, such
as batteries, probes or cables, nor to any instruments which have been subjected to misuse,
improper installation or repair, alteration, or use beyond the published maximum ratings of
the instrument.
3. BUYER'S REMEDIES:
The Buyer's sole and exclusive remedy for breach of the above warranty shall be the repair or
replacement of the instrument by NDT Systems free of charge. The Buyer shall return the
instrument to NDT Systems, transportation prepaid. NDT Systems shall promptly repair or
replace the instrument and return same to Buyer, FOB Seller's Plant, collect.
If, for any reason, NDT Systems is unwilling to repair or the instrument or, because of
circumstances, the exclusive remedy provided herein fails of its essential purpose, or
operates to deprive either party of the substantial value of its bargain, then the Purchaser's
exclusive remedy will be the return of the purchase price for the instrument. The liability of
NDT Systems shall in no event be greater then the full amount of the purchase price for the
instrument.
Any attempt by NDT Systems to repair or replace any instrument sold hereunder shall not
constitute an admission that the instrument, or any part thereof, is defective within the
meaning of the above warranty, nor that NDT Systems has any legal responsibility to make
such repair or effect such replacement.
Any such attempts, if unsuccessful, shall not create any liability on the part of NDT Systems
and the purchaser is limited to the remedy set forth herein.
