Warranty/
Repairs
Two-Year Limited Warranty
THIS EQUIPMENT IS WARRANTED TO BE FREE FROM
DEFECTS OF MATERIAL AND WORKMANSHIP. IT IS SOLD
SUBJECT TO OUR MUTUAL AGREEMENT THAT THE LIABILITY
OF ATHENA CONTROLS, INCORPORATED IS TO REPLACE OR
REPAIR THIS EQUIPMENT AT ITS FACTORY, PROVIDED THAT
IT IS RETURNED WITH TRANSPORTATION PREPAID WITHIN
TWO (2) YEARS OF ITS PURCHASE.
THE PURCHASER AGREES THAT ATHENA CONTROLS,
INCORPORATED ASSUMES NO LIABILITY UNDER ANY
CIRCUMSTANCES FOR CONSEQUENTIAL DAMAGES
RESULTING FROM ITS USE OR FROM IMPROPER HANDLING
OR PACKAGING OF SHIPMENTS RETURNED TO THE FACTORY.
COMPONENTS WHICH WEAR OR WHICH ARE DAMAGED BY
MISUSE ARE NOT WARRANTED. THESE INCLUDE CONTACT
POINTS, FUSES, ELECTROMECHANICAL RELAYS, AND TRIACS.
UNITS WHICH HAVE BEEN MODIFIED BY A CUSTOMER IN
ANY WAY ARE NOT WARRANTED.
Other than those expressly stated herein, THERE ARE NO
OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AND SPECIFICALLY EXCLUDED BUT NOT BY WAY OF
LIMITATION, ARE THE IMPLIED WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
IT IS UNDERSTOOD AND AGREED THE SELLER’S LIABILITY
WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY,
IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE
RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID
BY THE PURCHASER AND UNDER NO CIRCUMSTANCES
SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE PRICE
STATED FOR THE EQUIPMENT IS A CONSIDERATION IN
LIMITING SELLER’S LIABILITY. NO ACTION, REGARDLESS
OF FORM, ARISING OUT OF THE TRANSACTIONS OF THIS
AGREEMENT MAY BE BROUGHT BY PURCHASER MORE
THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
SELLER’S MAXIMUM LIABILITY SHALL NOT EXCEED AND
BUYER’S REMEDY IS LIMITED TO EITHER (i) REPAIR OR
REPLACEMENT OF THE DEFECTIVE PART OR PRODUCT, OR
AT SELLER’S OPTION (ii) RETURN OF THE PRODUCT AND
REFUND OF THE PURCHASE PRICE, AND SUCH REMEDY
SHALL BE BUYER’S ENTIRE AND EXCLUSIVE REMEDY.
THE SPECIFICATIONS PUT FORTH IN THIS MANUAL ARE
SUBJECT TO CHANGE WITHOUT NOTICE.
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