PressureMAT User Guide
Revision 1
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APPENDIX A: PRODUCT WARRANTY
LIMITED WARRANTY: Except as otherwise expressly provided herein, Seller warrants that the Software will
execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be
free from defects in materials or workmanship under normal use and service until the expiration of the earlier of
twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by
Seller. Expendable items are warranted to be free from defects in material and workmanship under normal use
and service for a period of ninety (90) days from the date of shipment by Seller. 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, within thirty (30) days
after Buyer’s discovery of any warranty defects during the applicable warranty period, Buyer notifies Seller
thereof in writing, Seller shall, at its option and as Buyer’s sole and exclusive remedy hereunder, promptly
correct any errors that are found by Seller to exist in the Software, or repair or replace F.O.B. point of
manufacture, that portion of the Goods or Software found by Seller to be defective. All replacements or repairs
necessitated by inadequate preventive maintenance, or by normal wear and usage, or by fault of Buyer, or by
unsuitable power sources or by attack or deterioration under unsuitable environmental conditions, or by abuse,
accident, alteration, 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. Failure by Buyer to give such written notice of defects
within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for
such defects. 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, express or implied, as to merchantability, fitness for particular purpose, or any other matter with
respect to any of the goods or software.
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 OR REPLACEMENT UNDER THE LIMITED
WARRANTY. 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 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.
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