0 meter limited warranty – E-Mon E-D5-600800-S*SPL3-V3KIT3 User Manual

Page 57

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DIN-MON™ SMART METER

57

62-0442—04

12.0 METER LIMITED WARRANTY

Subject to the exclusions listed below, E-Mon will either repair or replace (at its option)

any product that it manufactures and which contains a defect in material or

workmanship.

The following exclusions apply:

1. This Limited Warranty is only effective for a period of (5) five years following the

date of manufacture when installed in accordance with manufacturer’s instruc-

tions by qualified personnel.

2. E-Mon must be notified of the defect within ninety (90) days after the defect

becomes apparent or known.

3. Buyer’s remedies shall be limited to repair or replacement of the product or com-

ponent which failed to conform to E-Mon’s express warranty set forth above.

4. Buyer shall be responsible for all freight costs and shall bear all risk of loss or

damage to returned goods while in transit.

5. This Limited Warranty does not cover installation, removal, reinstallation, or labor

costs, and excludes normal wear and tear. Buyer shall provide labor for the

removal of the defective component or item and installation of its replacement at

no charge to E-Mon.

6. This Limited Warranty does not cover any product if: (i) a product is altered or

modified from its original manufactured condition, (ii) any repairs, alterations or

other work has been performed by Buyer or others on such item, other than work

performed with E-Mon’s authorization and according to its approved procedures;

(iii) the alleged defect is a result of abuse, misuse, improper maintenance,

improper installation, accident or the negligence of any party; (iv) damaged as a

result of events beyond E-Mon’s control or other force majeure events or (v) used

in conjunction with equipment, components, accessories, parts or materials not

supplied or approved by E-Mon.

7. This Limited Warranty is limited to the obligation to repair or replace the manu-

factured product. This is the sole and exclusive remedy for any breach of war-

ranty.

IN NO EVENT SHALL E-MON BE LIABLE FOR ANY INDIRECT, INCIDENTAL,

SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY

DAMAGE FOR LOST PROFITS) ARISING OUT OF OR IN CONNECTION

WITH THE FURNISHING OF PRODUCTS, PARTS OR SERVICES, OR THE

PERFORMANCE, USE OF, OR INABILITY TO USE ANY PRODUCTS, PARTS

OR SERVICES, SALE OF OR OTHERWISE, WHETHER BASED IN CON-

TRACT, WARRANTY, TORT, INCLUDING WITHOUT LIMITATION, NEGLI-

GENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

8. EXCEPT AS EXPRESSLY PROVIDED HEREIN, E-MON MAKES NO WAR-

RANTY OF ANY KIND, EXPRESS OR IMPLIED WITH RESPECT TO ANY

PRODUCTS, PARTS OR SERVICES PROVIDED BY E-MON INCLUDING, BUT

NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE. PRODUCTS OR COMPONENTS

DISTRIBUTED, BUT NOT MANUFACTURED, BY E-MON ARE NOT WAR-

RANTED BY E-MON AND BUYER MUST INSTEAD RELY ON THE REPRE-

SENTATIONS AND WARRANTIES, IF ANY, PROVIDED DIRECTLY TO THE

BUYER BY THE MANUFACTURER OF SUCH PRODUCT OR COMPONENT.

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