Cleveland Motion Controls Classic CLT Cantilevered Transducer REV AA - Manual (Page 12)

AO-70135 12 of 11
7.0 WARRANTY AND LIMITATION OF LIABILITY
CLEVELAND MOTION CONTROLS, INC.
LIMITED WARRANTY. LIMITATION OF REMEDY AND
ALL GOODS ARE SOLD SUBJECT TO
THE MUTUAL AGREEMENT THAT
THEY ARE WARRANTED BY THE
COMPANY TO BE FREE FROM DEFECTS
IN MATERIAL AND WORKMANSHIP
FOR ONE YEAR FROM THE DATE OF
SHIPMENT. THE COMPANY'S
WARRANTY DOES NOT COVER, AND IT
MAKES
NO WARRANTY WITH
RESPECT TO ANY DEFECT, FAILURE,
DEFICIENCY OR ERROR WHICH IS:
A) NOT REPORTED TO THE
COMPANY WITHIN THE
APPLICABLE WARRANTY
PERIOD; OR
B) DUE TO MISAPPLICATION,
MODIFICATION, DISASSEMBLY,
ABUSE, MISUSE, IMPROPER
I N S T A L L A T I O N ,
UNAUTHORIZED REPAIR,
IMPROPER MAINTENANCE OR
ABNORMAL CONDITIONS OF
TEMPERATURE,
DIRT OR
CORROSIVE MATTER; OR
C) DUE TO OPERATION, EITHER
INTENTIONAL OR OTHERWISE,
ABOVE RATED CAPACITIES OR
IN AN OTHERWISE IMPROPER
MANNER.
THE FOREGOING WARRANTY IS IN
LIEU OF ALL OTHER WARRANTIES.
THE PARTIES AGREE THAT THE
IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND
ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, ARE EXCLUDED FROM
THE SALE OF GOODS.
LIABILITY.
THE REMEDY PROVIDED HEREIN IS
BUYER'S SOLE AND EXCLUSIVE
REMEDY. THE BUYER'S REMEDY AND
THE COMPANY'S LIABILITY
(WHETHER UNDER THE THEORIES OF
BREACH OF WARRANTY, CONTRACT,
TORT INCLUDING NEGLIGENCE OR
STRICT LIABILITY OR ANY OTHER
LEGAL THEORY) SHALL BE LIMITED
EXCLUSIVELY AT THE COMPANY'S
OPTION TO REPLACING OR
REPAIRING WITHOUT CHARGE AT
THE
COMPANY'S FACTORY OR
ELSEWHERE ANY MATERIAL OR
WORKMANSHIP DEFECTS WHICH
BECOME APPARENT WITHIN ONE
YEAR FROM THE DATE ON WHICH
THE GOODS WERE SHIPPED. THE
COMPANY SHALL NOT BE LIABLE FOR
SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY
KIND INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOSS OF USE,
INCOME OR PROFIT, OR LOSSES
SUSTAINED AS A RESULT OF INJURY
(INCLUDING DEATH) TO ANY PERSON
OR DAMAGES TO PROPERTY. THE
COMPANY SHALL HAVE NO LIABILITY
FOR DAMAGES OF ANY KIND ARISING
FROM THE INSTALLATION AND/OR
USE OF THE GOODS BY ANYONE. BY
THE ACCEPTANCE OF THE GOODS,
THE BUYER SHALL ASSUME ALL
LIABILITY FOR ANY DAMAGES WHICH
MAY RESULT FROM USE OR MISUSE
BY THE BUYER, ITS EMPLOYEES OR
BY OTHERS.