WARRANTY
Seller warrants that the PermAlert Leak Detection System (the "System") will be free from defects in materials and workmanship
for a period of twelve (12) months from the date of first use of the System or eighteen (18) months from the date of shipment by
Seller to Buyer of the System; whichever is earlier. 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. 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. Buyer shall be responsible for returning the defective or non-conforming product(s) to Seller at
Buyer’s expense. No claim shall be permitted under the warranty contained herein 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 warranty period as
provided above. 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 the warranty period 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 HEREIN, 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 HEREIN AS TO DURATION
AND LIMITATION OF REMEDY UNLESS SUCH ADDITIONAL WARRANTY EXPRESSLY VARIES SUCH PROVISIONS.
Extended warranty period may be available. Contact PermAlert for more information.
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