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9. Warranty
New Cosmos Electric Company Limited (New Cosmos) offers the
following as the sole and exclusive limited warranty available to
Customer.
This warranty is in lieu of, and customer waives, all other warranties of
any kind or nature, expressed or implied, including without limitation,
any warranty for merchantability or fitness for a particular purpose. The
remedies set forth herein are exclusive.
New Cosmos warrants to the original purchaser and no other person or
entity (customer) that gas detection product supplied by New Cosmos
shall be free from defects in materials and workmanship for a period of
one (1) year from the date of purchase. This warranty does not include
consumables, such as fuses, filters, etc. Certain other accessories not
specifically listed here may have different warranty periods.
After examination of allegedly defective product return to New Cosmos,
with freight prepaid, should the product fail to conform to this warranty,
customer’s only remedy and New Cosmos’s only obligation shall be, at
New Cosmos’s sole option, replacement or repair of such
non-conforming product or refund of the original purchase price of the
non-conforming product. In no event will New Cosmos be liable for any
other special, incidental or consequential damages or losses of any kind
whatsoever, including but not limited to, loss of anticipated profits and
any other loss caused by reason of non-operation of the product.
This warranty is valid only if the product is maintained and used in
accordance with New Cosmos’s instructions and /or recommendations.
New Cosmos shall be released from all obligations under this warranty
in the event repairs or modifications are made by persons other than its
own or authorized service personnel or if the warranty claim results
from physical abuse or misuse of the product.
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