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WARRANTY
1. LIMITED WARRANTY: Subject to the limitations contained in Section 2 herein and except as
otherwise expressly provided herein, Daniel Measurement and Control, Inc. and Rosemount
Analytical, (collectively“Seller”) warrants that the firmware will execute the programming
instructions provided by Seller, and that the Goods manufactured or Services provided by Seller
will be free from defects in materials or workmanship under normal use and care until the
expiration of the applicable warranty period. Goods are warranted for twelve (12) months from
the date of initial installation or eighteen (18) months from the date of shipment by Seller,
whichever period expires first. Consumables and Services are warranted for a period of 90 days
from the date of shipment or completion of the Services. 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, promptly correct any errors that are found
by Seller in the firmware or Services, or repair or replace F.O.B. point of manufacture that
portion of the Goods or firmware found by Seller to be defective, or 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, unsuitable
environmental conditions, accident, misuse, improper installation, modification, repair, storage or
handling, or any other cause not the fault of Seller are not covered by this limited warranty, and
shall be at Buyer's expense. 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 an authorized
Seller representative. All costs of dismantling, reinstallation and freight and the time and
expenses of Seller's personnel for site travel and diagnosis under this warranty clause shall be
borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced during the
warranty period shall be in warranty for the remainder of the original warranty period or ninety
(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. Except as
otherwise expressly provided in the Agreement, THERE ARE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO ANY
OF THE GOODS OR SERVICES. It is understood that corrosion or erosion of materials is
not covered by our guarantee.
2.
LIMITATION OF REMEDY AND LIABILITY: SELLER SHALL NOT BE LIABLE FOR
DAMAGES CAUSED BY DELAY IN PERFORMANCE. THE SOLE AND EXCLUSIVE REMEDY
FOR BREACH OF WARRANTY HEREUNDER SHALL BE LIMITED TO REPAIR,
CORRECTION, REPLACEMENT OR REFUND OF PURCHASE PRICE UNDER THE LIMITED
WARRANTY CLAUSE IN SECTION 1 HEREIN. 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 ITS 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 ITS CUSTOMERS EXTEND
TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM
"CONSEQUENTIAL DAMAGES" SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF
ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE AND COST OF CAPITAL.