Monarch Instrument 306 - Manual (Page 2)

Safeguards and Precautions
1. Read and follow all instructions in this manual
carefully, and retain this manual for future reference.
2. Do not use this instrument in any manner inconsistent
with these operating instructions or under any
conditions that exceed the environmental
specifications stated.
3. Making measurements of high or low temperature can
be dangerous. Keep the hand holding the temperature
probe well away from the object being measured.
4. This instrument is not user serviceable. For technical
assistance, contact the sales organization from which
you purchased the product or Monarch
Instrument directly.
LIMITED WARRANTY
SELLER warrants hardware products to be free from any defect in materials or workmanship
for a period of one (1) year from date of shipment to BUYER. SELLER’s entire liability and
BUYER’s sole and exclusive remedy resulting from any defect in workmanship or material
in the hardware product covered by this limited warranty shall be limited to and fully
discharged by the SELLER’s option of replacement or repair of such item without charge.
The limited warranty provided in this clause is in lieu of all other warranties, expressed or
implied, arising by law or otherwise. ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED. This limited warranty
shall not be modified except by an arrangement signed by both parties specifically
referencing this clause.
SELLER warrants that any software supplied will operate in accordance with the
documentation or manual supplied therewith in all material respects when used in strict
compliance with such documentation or manual. Notwithstanding the foregoing, BUYER
acknowledges that, since software is complex and therefore may have defects, BUYER’s
sole and exclusive remedy for any such defects or breach of this warranty shall be to
require SELLER, within a reasonable period of time, to provide all reasonable programming
services to correct programming errors in the software. Except as provided above SELLER
MAKES AND BUYER RECEIVES FROM SELLER NO EXPRESS OR IMPLIED WARRANTIES
OF ANY KIND WITH RESPECT TO ALL OR ANY PORTION OF SOFTWARE AND BUYER
HEREBY AGREES AND ACKNOWLEDGES THAT IT ACCEPTS THE SOFTWARE IN ‘AS IS’
CONDITION. SELLER HEREBY EXPRESSLY EXCLUDES ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO
THE SOFTWARE. BUYER agrees that any specific right or remedy granted to BUYER
hereunder with respect to any breach or default by SELLER shall be in lieu of all other
rights and remedies otherwise available to BUYER at law or in equity as the result of such
breach or default, regardless of whether based on contract, tort, strict liability, or other
theory of liability.
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES (INCLUDING, BUT NOT
LIMITED TO, LOSSES OR DAMAGES FOR ANY LOST PROFITS OR LOST DATA) AS THE
RESULT OF ANY BREACH OR DEFAULT BY SELLER WITH RESPECT TO THE HARDWARE
OR SOFTWARE, EVEN IF SELLER HAS BEEN ADVISED OR MADE AWARE OF THE
POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES AND REGARDLESS OF WHETHER
THE CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY OF
LIABILITY.
This limited warranty does not extend or apply to consumables (including, but not limited
to, lamps and batteries, if applicable) or equipment, instruments or accessories which are
warranted separately by the original manufacturer of these items.