LIMITED WARRANTY. Dynisco warrants that all Products manufactured by Dynisco will be free from defects in material and workmanship and will conform substantially to Dynisco’s specifications as set forth in any applicable Product documentation for a period that is product specific (see below), from the date of shipment. Notice of any defect, including a reasonably detailed description of the problem or difficulty experienced, must be made to Dynisco in writing within thirty (30) calendar days following discovery thereof and prior to the expiration of the warranty period as described above. If Dynisco determines that any Product does not conform to the foregoing warranty, Buyer’s sole remedy, and Dynisco’s entire liability, for breach of the foregoing warranty shall be the repair or replacement, at Dynisco’s option, of the non-conforming Product or part or, if neither is, in Dynisco’s opinion, commercially feasible, a refund of the purchase price paid for the Product. Defective Products must be returned to Dynisco’s plant or a designated Dynisco service center for inspection. Buyer will prepay all freight charges to return any defective or non-conforming Product to Dynisco’s designated facility, and Dynisco will deliver the repaired or replacement Products to Buyer freight prepaid. Products returned to Dynisco for which Dynisco provides replacement Products hereunder shall become the property of Dynisco. At Dynisco’s option, replacement of any Product may be made by substitution of another Product that is substantially similar in form and function. The warranty on repaired or replacement Products furnished pursuant to this warranty shall be limited to the unexpired portion of the original warranty period. Product warranty is product specific and as follows:
➢ Echo Series pressure sensors Two (2) years
➢ Vertex Series pressure sensors Four (4) years
➢ All other pressure sensor series Three (3) years
➢ All other Dynisco products One (1) year
Limited Warranty. Seller warrants that all Products manufactured by Seller will be free from defects in material and workmanship and will conform substantially to Seller’s specifications as set forth in any applicable Product documentation for a period that is product specific (see below), from the date of shipment. Notice of any defect, including a reasonably detailed description of the problem or difficulty experienced, must be made to Seller in writing within thirty (30) calendar days following discovery thereof and prior to the expiration of the warranty period as described above. If Seller determines that any Product does not conform to the foregoing warranty, Buyer’s sole remedy, and Seller’s entire liability, for breach of the foregoing warranty shall be the repair or replacement, at Seller’s option, of the non-conforming Product or part or, if neither is, in Seller’s opinion, commercially feasible, a refund of the purchase price paid for commercially feasible, a refund of the purchase price paid for the Product. Defective Products must be returned to Seller’s plant or a designated Seller service center for inspection. Buyer will prepay all freight charges to return any defective or non-conforming Product to Seller’s designated facility, and Seller will deliver the repaired or replacement Products to Buyer freight prepaid. Products returned to Seller for which Seller provides replacement Products hereunder shall become the property of Seller. At Seller’s option, replacement of any Product may be made by substitution of another Product that is substantially similar in form and function. The warranty on repaired or replacement Products furnished pursuant to this warranty shall be limited to the unexpired portion of the original warranty period. Product warranty is product specific and as follows:
➢ Echo Series pressure sensors Two (2) years
➢ Vertex Series pressure sensors Four (4) years
➢ All other pressure sensor series Three (3) years
➢ All other Dynisco products One (1) year
Limitation of Liability: Seller’s warranty obligations shall not apply to any Products that are normally consumed in operation or have a normal life inherently shorter than the warranty period stated herein. The warranty does not apply to failures caused by misuse, mishandling or misapplication. In the event that any Product is altered or repaired by Buyer or any third party without Seller’s prior written approval, or is damaged, altered, or installed in other assemblies before correction of any nonconformities, all warranties are void. When, under applicable law, implied warranties may not be excluded in their entirety, such warranties will be limited to the duration of the applicable written warranty.
Products, equipment and accessories not manufactured by Seller are warranted only by the original manufacturer and only if and to the extent set forth in the original manufacturer’s warranty as stated on the Product labeling and/or instructions, if applicable.
TO THE FULL EXTENT ALLOWED BY LAW, THE WARRANTY AND REMEDIES SET FORTH IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, TERMS, OR CONDITIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ADHERENCE TO DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND.
THE TOTAL LIABILITY OF SELLER FOR DAMAGES, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE, WHETHER SOLE OR CONCURRENT), OR OTHERWISE, ARISING OUT OF OR CONNECTED WITH OR RESULTING FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR USE OF ANY PRODUCTS HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PRODUCT OR PART THEREOF GIVING RISE TO THE CLAIM.
