visiting User’s site in the event warranty coverage does not apply or only applies partially. If warranty coverage applies, Avtron Power
Solutions will repair or replace the non-conforming product without charge. All defective products and component parts replaced
under this warranty become the property of Avtron Power Solutions.
Warranty Performance of Component Manufacturers:
It is Avtron Power Solutions’ practice, consistent with its desire to remedy Warranty defects in the most prompt and effective manner
possible, to cooperate with and utilize the services of component manufacturers and their authorized representatives in the performance
of work to correct defects in the product components. Accordingly, Avtron Power Solutions may utilize third parties in the performance
of Warranty work, including repair or replacement hereunder, where, in Avtron Power Solutions' opinion, such work can be performed
in less time, with less expense, or in closer proximity to the Avtron Power Solutions product.
Items Not Covered By Warranty:
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate
electrical current or connection, negligence, inappropriate on site operating conditions, repair by non-Avtron Power Solutions designated
personnel, accident in transit, tampering, alterations, a change in location or operating use, exposure to the elements, water, or other
corrosive liquids or gases, Acts of God, theft, installation and/or deployment contrary to Avtron Power Solutions' recommendations or
specifications, or in any event if the Avtron Power Solutions serial number has been altered, defaced, or removed.
THIS WARRANTY DOES NOT COVER shipping costs, installation costs, or maintenance or service items and further, except as may
be provided herein, does NOT include labor costs or transportation charges arising from the replacement of the Avtron Power Solutions
product or any part thereof or charges to remove or reinstall same at any premises of User.
REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF DOES NOT EXTEND THE ORIGINAL WARRANTY
PERIOD.
THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT FOR USE IN THE CONTROL AREA OR ANY REACTOR CONNECTED
OR SAFETY APPLICATIONS OR WITHIN THE CONTAINMENT AREA OF A NUCLEAR FACILITY OR FOR INTEGRATION
INTO MEDICAL DEVICES.
Limitations:
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE AVTRON POWER SOLUTIONS PRODUCT
AS SET FORTH HEREIN.
IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION,
AVTRON POWER SOLUTIONS’ RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET
PRODUCT PURCHASE PRICE.
IN NO EVENT SHALL AVTRON POWER SOLUTIONS ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST
PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE.
Miscellaneous:
NO SALESPERSON, EMPLOYEE OR AGENT OF AVTRON POWER SOLUTIONS IS AUTHORIZED TO ADD TO OR VARY THE
TERMS OF THIS WARRANTY. Warranty terms may be modified, if at all, only in writing signed by an Avtron Power Solutions officer.
Avtron Power Solutions obligations under this Warranty are conditioned upon Avtron Power Solutions timely receipt of full payment of the
product purchase price and any other amounts due. Avtron Power Solutions reserves the right to supplement or change the terms of
this Warranty in any subsequent warranty offering to User or others.
In the event that any provision of this Warranty should be or becomes invalid and/or unenforceable during the warranty period, the
remaining terms and provisions shall continue in full force and effect.
This Warranty shall be governed by, and construed under, the laws of the State of New Jersey, without reference to the conflict of laws
principles thereof.
This Warranty represents the entire agreement between Avtron Power Solutions and User with respect to the subject matter herein and
supersedes all prior or contemporaneous oral or written communications, representations, understandings, or agreements relating to this
subject.
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