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9.0 WARRANTY
1. WARRANTY:
NDT Systems, Inc. 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, Inc. by registered or certified mail, return receipt requested, of any claim of discovery of
such defect. Failure to notify NDT Systems, Inc. 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, Inc.
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,
Inc. free of charge. The Buyer shall return the instrument to NDT Systems, Inc., transportation prepaid. NDT Systems, Inc. shall promptly repair
or replace the instrument and return same to Buyer, FOB Seller's Plant, collect.
If, for any reason, NDT Systems, Inc. is unable or unwilling to repair or replace 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, Inc. shall in no event be greater then the
full amount of the purchase price for the instrument.
Any attempt by NDT Systems, Inc. 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, Inc. 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, Inc. and the purchaser is limited to the remedy set
forth herein.
4. LIMITATIONS ON LIABILITY:
NDT Systems, Inc. shall not, under any circumstances, be liable for direct, incidental or consequential damages for any breach of contract, breach
of warranty or misrepresentations, including the negligence of NDT Systems, Inc., including, but not limited to damages resulting directly or
indirectly from the use, or loss of use, of the instrument sold hereunder, or the business of the Buyer or third persons wherein the instrument is
utilized.
The above warranty, and the obligations of NDT Systems, Inc. hereunder, are expressly in lieu of, and the Buyer expressly waives, any other
liability of NDT Systems, Inc. based upon warranty, express of implied, contract, or the negligence of NDT Systems, Inc., including but not limited
to, negligence in the design of the instrument or in the choice of the materials therefor, or negligence in the repair or replacement of the instrument,
whether such repair or replacement is required by the terms hereof or is voluntary, upon the part of NDT Systems, Inc.
Except as provided herein, no person is authorized to assume on behalf of NDT Systems, Inc. any other or additional liability or responsibility in
connection with the instrument. These terms and warranty are applicable to and complete acceptance of such a binding legal agreement.
NDT Systems, Inc.
17811 Georgetown Lane
Huntington Beach, CA 92647
Phone: (714) 893-2438
FAX: (714) 897-3840
July 2006
