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Warranty and limitation of liability
1. LIMITED WARRANTY: Subject to the limitations contained in Section 2 herein, Daniel Measurement & Control,
Inc. (“Daniel”) warrants that the licensed firmware embodied in the Goods will execute the programming instructions
provided by Daniel, and that the Goods manufactured by Daniel will be free from defects in materials or workmanship
under normal use and care and Services will be performed by trained personnel using proper equipment and
instrumentation for the particular Service provided. The foregoing warranties will apply until the expiration of the
applicable warranty period. Goods are warranted for twelve (12) months from the date of initial installation or eighteen
(18) months from the date of shipment by Daniel, whichever period expires first. Consumables and Services are
warranted for a period of 90 days from the date of shipment or completion of the Services. Products purchased by Daniel
from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original
manufacturer. Buyer agrees that Daniel has no liability for Resale Products beyond making a reasonable commercial
effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects and
notifies Daniel thereof in writing during the applicable warranty period, Daniel shall, at its option, correct any errors that
are found by Daniel in the firmware or Services or repair or replace F.O.B. point of manufacture that portion of the
Goods or firmware found by Daniel to be defective, or refund the purchase price of the defective portion of the
Goods/Services. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable
power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of
unauthorized replacement parts, storage or handling, or any other cause not the fault of Daniel are not covered by this
limited warranty, and shall be at Buyer’s expense. Daniel shall not be obligated to pay any costs or charges incurred
by Buyer or any other party except as may be agreed upon in writing in advance by Daniel. All costs of dismantling,
reinstallation and freight and the time and expenses of Daniel’s personnel and representatives for site travel and diagnosis
under this warranty clause shall be borne by Buyer unless accepted in writing by Daniel. Goods repaired and parts
replaced by Daniel during the warranty period shall be in warranty for the remainder of the original warranty period or
ninety (90) days, whichever is longer. This limited warranty is the only warranty made by Daniel and can be amended
only in a writing signed by Daniel. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE.
THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT
TO ANY OF THE GOODS OR SERVICES. Buyer acknowledges and agrees that corrosion or erosion of materials is
not covered by this warranty.
2. LIMITATION OF REMEDY AND LIABILITY: Daniel shall not be liable for damages caused by delay in
performance. The remedies of buyer set forth in this agreement are exclusive. In no event, regardless of the form of the
claim or cause of action (whether based in contract, infringement, negligence, strict liability, other tort or otherwise),
shall Daniel’s liability to buyer and/or its customers exceed the price to buyer of the specific goods manufactured or
services provided by Daniel giving rise to the claim or cause of action. Buyer agrees that in no event shall Daniel’s
liability to buyer and/or its customers extend to include incidental, consequential or punitive damages. The term
“consequential damages” shall include, but not be limited to, loss of anticipated profits, revenue or use and costs incurred
including without limitation for capital, fuel and power, and claims of buyer’s customers.