Warranty/ repairs – Athena Technologies 16C User Manual

Page 40

Warranty/

Repairs

Two-Year Limited Warranty
THIS EQUIPMENT IS WARRANTED TO BE FREE FROM

DEFECTS OF MATERIAL AND WORKMANSHIP. IT IS SOLD

SUBJECT TO OUR MUTUAL AGREEMENT THAT THE LIABILITY

OF ATHENA CONTROLS, INCORPORATED IS TO REPLACE OR

REPAIR THIS EQUIPMENT AT ITS FACTORY, PROVIDED THAT

IT IS RETURNED WITH TRANSPORTATION PREPAID WITHIN

TWO (2) YEARS OF ITS PURCHASE.
THE PURCHASER AGREES THAT ATHENA CONTROLS,

INCORPORATED ASSUMES NO LIABILITY UNDER ANY

CIRCUMSTANCES FOR CONSEQUENTIAL DAMAGES

RESULTING FROM ITS USE OR FROM IMPROPER HANDLING

OR PACKAGING OF SHIPMENTS RETURNED TO THE FACTORY.
COMPONENTS WHICH WEAR OR WHICH ARE DAMAGED BY

MISUSE ARE NOT WARRANTED. THESE INCLUDE CONTACT

POINTS, FUSES, ELECTROMECHANICAL RELAYS, AND TRIACS.

UNITS WHICH HAVE BEEN MODIFIED BY A CUSTOMER IN

ANY WAY ARE NOT WARRANTED.
Other than those expressly stated herein, THERE ARE NO

OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,

AND SPECIFICALLY EXCLUDED BUT NOT BY WAY OF

LIMITATION, ARE THE IMPLIED WARRANTIES OF FITNESS

FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
IT IS UNDERSTOOD AND AGREED THE SELLER’S LIABILITY

WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY,

IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE

RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID

BY THE PURCHASER AND UNDER NO CIRCUMSTANCES

SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT,

INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE PRICE

STATED FOR THE EQUIPMENT IS A CONSIDERATION IN

LIMITING SELLER’S LIABILITY. NO ACTION, REGARDLESS

OF FORM, ARISING OUT OF THE TRANSACTIONS OF THIS

AGREEMENT MAY BE BROUGHT BY PURCHASER MORE

THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
SELLER’S MAXIMUM LIABILITY SHALL NOT EXCEED AND

BUYER’S REMEDY IS LIMITED TO EITHER (i) REPAIR OR

REPLACEMENT OF THE DEFECTIVE PART OR PRODUCT, OR

AT SELLER’S OPTION (ii) RETURN OF THE PRODUCT AND

REFUND OF THE PURCHASE PRICE, AND SUCH REMEDY

SHALL BE BUYER’S ENTIRE AND EXCLUSIVE REMEDY.

THE SPECIFICATIONS PUT FORTH IN THIS MANUAL ARE

SUBJECT TO CHANGE WITHOUT NOTICE.