Monarch Instrument DC 2000 - Manual (Page 155)

DATA-CHART® LIMITED WARRANTY STATEMENT
MONARCH INTERNATIONAL, INC. (SELLER)
SELLER warrants new hardware products to be free from any defect in materials or workmanship for a
period of two (2) years from date of shipment to BUYER. Spare parts and service related repairs are
warranted for a period of 90 days from the date of factory shipment. 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 replacement or repair of
such item at SELLER’s option 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 the software 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 the 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 or equipment, instruments or accessories
which are warranted separately by the original manufacturer of these items.
When SELLER receives notice, during the warranty period, of defects in a SELLER’s product, and the
defects are confirmed by SELLER’s authorized service personnel, SELLER will repair or replace, at our
option, the defective components of the product at SELLER’s expense, F.O.B. Amherst, New Hampshire.
Replacement parts will be new or refurbished at SELLER’s sole discretion.
This product warranty shall be rendered null and void if, in the judgment of authorized SELLER’s
personnel, any of the following occur: the product is stored, before use, for more than twelve months, the
product is subjected to environmental conditions exceeding those specified for storage, the product is
subjected to misuse, abuse, or rough handling, the product is not operated in accordance with all
applicable instructions and specifications, or the product is repaired or modified by other than SELLER’s
authorized personnel.