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Warranty and Limitations
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.