Warranty
Seller warrants that the LiquidWatch
®
Leak Detection System (the "System") will be free from defects in materials and
workmanship for a period of one year from the date of shipment by Seller to Buyer. Seller is not responsible for damage to the
System occurring in transit or arising from the installation, alteration or repair of the System by persons other than Seller's
employees, or from any abnormal or improper use of, negligence with respect to or accident affecting the System. Expendable
service parts, such as probes, are not warranted by Seller. Seller's sole obligation and liability, and Buyer's sole remedy, under
this warranty shall be the repair or replacement, at Seller's election, by Seller of any defective materials or workmanship
covered by this warranty, without the charge to Buyer. Repaired or replacement materials shall be delivered to Buyer f.o.b.
Seller's plant or f.o.b. such other location as Seller shall designate. Seller shall not be responsible for any product returned to
Seller without Seller's prior express consent. No claim shall be permitted under the warranty contained in this Section unless
Buyer notifies Seller in writing within ten (10) days after Buyer first hears of facts giving rise to any such claim and unless
notice is given within the one year term of this warranty. In order to be valid, any notice sent to Seller in connection with said
claim under this warranty must reasonably specify the defect which is the subject of such claim. Buyer shall be responsible for
testing and inspecting the System promptly after receipt and thereafter at such intervals as are reasonably prudent so as to
inform Seller of any defects which exist in the System. Notwithstanding the filing of a claim hereunder, this warranty shall
expire after one year from the original date of shipment of the System in respect to materials and workmanship which are not
then the subject of a proper claim.
To the maximum extent permitted by law, Buyer irrevocably waives all claims against Seller for money damages relating to
the condition, use and performance of the goods sold pursuant hereto, including claims based upon tort, strict liability,
negligence and product liability. Notwithstanding the provisions of the preceding sentence, if money damages are assessed
against Seller, in no event shall Seller's liability for such damages exceed the purchase price of products sold by Seller.
IN NO EVENT, WHETHER BECAUSE OF A BREACH OF WARRANTY OR REPRESENTATION OR ANY OTHER
CAUSE, WHETHER BASED UPON CONTRACT, TORT, WARRANTY OR OTHERWISE, ARISING OUT OF THE
PERFORMANCE OR NON-PERFORMANCE BY SELLER OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR
WITH RESPECT TO THE PRODUCTS SOLD PURSUANT HERETO SHALL SELLER BE LIABLE FOR LOST
EARNINGS, INCOME OR PROFITS OR INDIRECT, INCIDENTAL CONSEQUENTIAL DAMAGES.
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND,
EXCEPT AS SPECIFICALLY SET FORTH IN THIS ARTICLE, ALL OTHER WARRANTIES AND
REPRESENTATIONS, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED. NOTHING SHALL
BE CONSTRUED AS AN ADDITIONAL WARRANTY UNLESS SPECIFICALLY DESIGNATED AS SUCH IN
WRITING AND SIGNED BY THE SELLER, IN WHICH CASE SUCH ADDITIONAL WARRANTY SHALL BE
SUBJECT TO THE PROVISIONS OF THE APPROPRIATE PARAGRAPHS OF THIS ARTICLE AS TO DURATION
AND LIMITATION OF REMEDY UNLESS SUCH ADDITIONAL WARRANTY EXPRESSLY VARIES SUCH
PROVISIONS.
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