Rev 1.2, 4/2/19
2
EL-51A-4
WARRANTY
THE WARRANTY DESCRIBED HEREIN IS THE EXCLUSIVE REMEDY FOR THE
CUSTOMER AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED,
STATUTORY
OR
OTHERWISE,
AND
THE
IMPLIED
WARRANTIES
OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER
WARRANTIES ARE HEREBY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY
LAW, PMC SHALL NOT BE RESPONSIBLE, WHETHER BASED IN CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), WARRANTY OR ANY OTHER
LEGAL OR EQUITABLE GROUNDS, FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, LOST PROFITS, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES,
WHETHER TO PERSON OR PROPERTY, ARISING FROM OR RELATING TO THE
PRODUCT, EVEN IF PMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSSES OR DAMAGES.
Non-Warranty Service by PMC: If PMC determines that the suspected Defect of the Product is not
covered by this Warranty, disposition of the Product will be made pursuant to the terms and conditions
of PMC
’s written estimate on a time and materials basis.
Continuing Warranty for Products Repaired or Replaced under Warranty: Following the repair or
replacement of a Product covered by this Warranty, such Product will continue to be subject to the
original Warranty for the remainder of original Warranty Period or for three (3) months from the repair
or replacement date, whichever is longer.
No Rights Implied: Nothing in the sale, lease or rental of any Product by PMC shall be construed to
grant any right, interest or license in or under any patent, trademark, copyright, trade secret or other
proprietary right or material owned by anyone; nor does PMC encourage the infringement of same.
Exclusive Warranty: This writing is the final, complete, and exclusive expression of the Warranty
covering the Product. Any statements made by PMC, its employees or agents that differ from the
terms of this Warranty shall have no effect.
It is expressly understood that Customer’s acceptance of
this Warranty, by performance or otherwise, is upon and subject solely to the terms and conditions
hereof, and any additional or different terms and conditions proposed or expressed by Customer or
anyone, whether in writing or otherwise, are null and void unless specifically agreed to in writing by an
Officer of PMC.