Cleveland Motion Controls Classic Slim Cell Transducer REV AA - Manual (Page 9)

INSTRUCTION NUMBER: AO-70165 9of 9
LIMITED WARRANTY .
ALL GOODS ARE SOLD SUBJECT TO
THE MUTUAL AGREEMENT THAT
THEY ARE WARRANTED BY THE
COMPANY TO BE FREE FROM
DEFECTS IN MATERIAL AND
WORKMANSHIP FOR ONE YEAR FROM
THE DATE OF SHIPMENT. THE
COMPANY'S WARRANTY DOES NOT
COVER, AND IT MAKES NO
WARRANTY WITH RESPECT TO ANY
DEFECT, FAILURE, DEFICIENCY OR
ERROR WHICH IS:
A) NOT REPORTED TO THE COMPANY
WITHIN THE APPLICABLE
WARRANTY PERIOD; OR
B) DUE TO MISAPPLICATION,
MODIFICATION, DISASSEMBLY,
ABUSE, MISUSE, IMPROPER
INSTALLATION, UNAUTHORIZED
R E P A I R , I M P R O P E R
MAINTENANCE OR ABNORMAL
CONDITIONS OF TEMPERATURE,
DIRT OR CORROSIVE MATTER; OR
C) DUE TO OPERATION, EITHER
INTENTIONAL OR OTHERWISE,
ABOVE RATED CAPACITIES OR IN
AN OTHERWISE IMPROPER
MANNER.
THE FOREGOING WARRANTY IS IN
LIEU OF ALL OTHER WARRANTIES.
THE PARTIES AGREE THAT THE
I M P L I E D W A R R A N T I E S O F
MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND
ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, ARE EXCLUDED FROM
THE SALE OF GOODS.
LIMITATION OF REMEDY AND
LIABILITY.
THE REMEDY PROVIDED HEREIN IS
BUYER'S SOLE AND EXCLUSIVE
REMEDY. THE BUYER'S REMEDY AND
T H E C O M P A N Y ' S L I A B I L I T Y
(WHETHER UNDER THE THEORIES OF
BREACH OF WARRANTY, CONTRACT,
TORT INCLUDING NEGLIGENCE OR
STRICT LIABILITY OR ANY OTHER
LEGAL THEORY) SHALL BE LIMITED
EXCLUSIVELY AT THE COMPANY'S
OPTION TO REPLACING OR REPAIRING
W I T H O U T C H A R G E A T T H E
COMPANY'S FACTORY OR ELSEWHERE
ANY MATERIAL OR WORKMANSHIP
DEFECTS WHICH BECOME APPARENT
WITHIN ONE YEAR FROM THE DATE
ON WHICH THE GOODS WERE
SHIPPED. THE COMPANY SHALL NOT
BE LIABLE FOR SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF
ANY KIND INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF
USE, INCOME OR PROFIT, OR LOSSES
SUSTAINED AS A RESULT OF INJURY
(INCLUDING DEATH) TO ANY PERSON
OR DAMAGES TO PROPERTY. THE
COMPANY SHALL HAVE NO LIABILITY
FOR DAMAGES OF ANY KIND ARISING
FROM THE INSTALLATION AND/OR
USE OF THE GOODS BY ANYONE. BY
THE ACCEPTANCE OF THE GOODS, THE
BUYER SHALL ASSUME ALL LIABILITY
FOR ANY DAMAGES WHICH MAY
RESULT FROM USE OR MISUSE BY THE
BUYER, ITS EMPLOYEES OR BY
OTHERS.