43 | User Reference Guide NOCTURN XL Camera
NVT 200-LC-0103
Revision: D
Page 43 of 43
the product claimed to be defective. Such inspection may be on Buyer's premises and/or PHOTONIS
may request the return of the product at Buyer's expense. However, PHOTONIS shall not be
responsible for packing, inspection, or labor costs in connection with the return of product. In order to
avoid administrative difficulties that result from unauthorized returns, Buyer shall request a formal
Return Authorization from PHOTONIS before returning product for any reason.
Any product replaced shall belong to PHOTONIS and any repaired or replacement products shall be
guaranteed for the unexpired portion of the 12 month warranty period.
The liability of PHOTONIS hereunder or otherwise is solely and exclusively limited to replacement,
repair or credit of the purchase price, as PHOTONIS may elect, for any product which is returned by
Buyer during the applicable warranty period, or services for which timely notice of defect has been
given by Buyer, and which are found by PUPI to be subject to adjustment under this warranty. IN NO
EVENT SHALL PHOTONIS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LOSS OF ANTICIPATED PROFIT OR OTHER ECONOMIC LOSS OR
FOR ANY DAMAGES ARISING IN TORT WHETHER BY REASON OF STRICT LIABILITY,
NEGLIGENCE OR OTHERWISE.
PHOTONIS’ warranty as herein set forth shall not be enlarged, diminished or affected by, and no
obligation or liability shall arise or grow out of, PHOTONIS’ rendering of technical advice, facilities or
services in connection with Buyer's order or the products furnished hereunder.
The foregoing warranty extends to Buyer of PHOTONIS and not to purchasers or users of such Buyer's
products, except that if Buyer is an authorized distributor of PHOTONIS, the foregoing warranty (and no
other), subject to the terms and conditions thereof, may be extended to purchasers from such
distributor of the products covered hereby. PHOTONIS MAKES NO OTHER OR FURTHER
WARRANTY, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR
WARRANTY OF MERCHANTABILITY. All warranties, conditions and other terms implied by stature or
common law are, to the fullest extent permitted, excluded.
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