Emerson Process Management ROSEMOUNT NGA2000 HFID - Manual (Page 75)

WARRANTY
Goods and part(s) (excluding consumables) manufactured by Seller are warranted to be free from
defects in workmanship and material under normal use and service for a period of twelve (12)
months from the date of shipment by Seller. Consumables, glass electrodes, membranes, liquid
junctions, electrolyte, o-rings, etc., are warranted to be free from defects in workmanship and
material under normal use and service for a period of ninety (90) days from date of shipment by
Seller. Goods, part(s) and consumables proven by Seller to be defective in workmanship and/or
material shall be replaced or repaired, free of charge, F.O.B. Seller's factory provided that the
goods, part(s) or consumables are returned to Seller's designated factory, transportation charges
prepaid, within the twelve (12) month period of warranty in the case of goods and part(s), and in
the case of consumables, within the ninety (90) day period of warranty. This warranty shall be in
effect for replacement or repaired goods, part(s) and the remaining portion of the ninety (90) day
warranty in the case of consumables. A defect in goods, part(s) and consumables of the
commercial unit shall not operate to condemn such commercial unit when such goods, part(s)
and consumables are capable of being renewed, repaired or replaced.
The Seller shall not be liable to the Buyer, or to any other person, for the loss or damage directly
or indirectly, arising from the use of the equipment or goods, from breach of any warranty, or from
any other cause. All other warranties, expressed or implied are hereby excluded.
IN CONSIDERATION OF THE HEREIN STATED PURCHASE PRICE OF THE GOODS,
SELLER GRANTS ONLY THE ABOVE STATED EXPRESS WARRANTY. NO OTHER
WARRANTIES ARE GRANTED INCLUDING, BUT NOT LIMITED TO, EXPRESS AND IMPLIED
WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitations of Remedy. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY
DELAY IN PERFORMANCE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF
WARRANTY SHALL BE LIMITED TO REPAIR OR REPLACEMENT UNDER THE STANDARD
WARRANTY CLAUSE. IN NO CASE, REGARDLESS OF THE FORM OF THE CAUSE OF
ACTION, SHALL SELLER'S LIABILITY EXCEED THE PRICE TO BUYER OF THE SPECIFIC
GOODS MANUFACTURED BY SELLER GIVING RISE TO THE CAUSE OF ACTION. BUYER
AGREES THAT IN NO EVENT SHALL SELLER'S LIABILITY EXTEND TO INCLUDE
INCIDENTAL OR CONSEQUENTIAL DAMAGES. CONSEQUENTIAL DAMAGES SHALL
INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, LOSS OF USE,
LOSS OF REVENUE, COST OF CAPITAL AND DAMAGE OR LOSS OF OTHER PROPERTY
OR EQUIPMENT. IN NO EVENT SHALL SELLER BE OBLIGATED TO INDEMNIFY BUYER IN
ANY MANNER NOR SHALL SELLER BE LIABLE FOR PROPERTY DAMAGE AND/OR THIRD
PARTY CLAIMS COVERED BY UMBRELLA INSURANCE AND/OR INDEMNITY COVERAGE
PROVIDED TO BUYER, ITS ASSIGNS, AND EACH SUCCESSOR INTEREST TO THE GOODS
PROVIDED HEREUNDER.
Force Majeure. Seller shall not be liable for failure to perform due to labor strikes or acts beyond
Seller's direct control.