Important Information
52
boxes and crates and on all shipping documents. Bulk repairs (more than five items) will require
additional processing time, so please take this into consideration when requesting an RMA.
To accelerate the repair process, whenever possible, include a report detailing the reason for
return with the unit(s). Also, please include the name and phone number of a contact person
should our Repair department need further information.
When packing items being returned for repair, please ensure they are properly packed and
shipped in their carrying cases to avoid further damage.
8.5
Warranty
Subject to the provisions of this paragraph, Positron warrants that the equipment shall perform
in accordance with Positron's specifications. The warranty remains valid for two (2) years from
the date of shipment. The warranty fully covers workmanship, materials and labor. Positron
shall, at its sole discretion, repair or replace the problem unit.
During the warranty period, freight costs to ship defective equipment to Positron are borne by
the Customer, while the return of replaced or repaired equipment is at Positron's expense.
8.6
Limitation of Liability
Subject to anything to the contrary contained herein, Positron's sole obligation and liability and
the customer's sole remedy for Positron's negligence, breach of warranty, breach of contract or
for any other liability in any way connected with or arising out of, the equipment or any services
performed by Positron shall be as follows:
In all situations involving performance or non-performance of the equipment or any
component thereof, the customer's sole remedy shall be, at Positron's option, the repair
or replacement of the equipment or said component.
For any other claim in any other way related to the subject matter of any order under,
the customer shall be entitled to recover actual and direct damages; provided that
Positron's liability for damages for any cause whatsoever, and regardless of the form of
the action, whether in contract or in tort (including negligence), shall be limited to the
value of the order.
Positron shall not be obligated to repair or replace any item of the equipment which has been
repaired by others, abused or improperly handled, improperly stored, altered or used with third
party material or equipment, which material, or equipment may be defective, of poor quality or
incompatible with the equipment supplied by Positron, and Positron shall not be obligated to
repair or replace any component of the equipment which has not been installed according to
Positron specifications.
IN NO EVENT SHALL POSITRON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE, EXEMPLARY OR SIMILAR OR ADDITIONAL DAMAGES INCURRED OR SUFFERED INCLUDING LOSS OF
PROFITS, LOSS OF REVENUES, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, LOSS OF
LIFE, STAFF INJURY, LOSS OF EXPECTED SAVINGS OR BUSINESS INTERRUPTION ARISING OUT OF OR IN
CONNECTION WITH THE EQUIPMENT, A PURCHASE ORDER SUPPLIES, MAINTENANCE SERVICES OR OTHER
SERVICES FURNISHED HEREUNDER, EVEN IF POSITRON HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF
SUCH DAMAGES.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, POSITRON DISCLAIMS ANY FURTHER CONDITIONS,
REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, INCLUDING THE
CONDITIONS AND WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
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