Warranty, Limitation of Liability | Energizer ATX612 specification

13. WARRANTY

Industrial Scientific portable gas monitoring instruments are warranted to be free from defects in material and workmanship for as long as the instrument is in service.

The above warranty does not include sensors, battery packs, internal pumps or filters, all of which are warranted to be free from defects in material and workmanship for eighteen months from the date of shipment, or one year from the date of first use, whichever occurs first, except where otherwise stated in writing in Industrial Scientific literature accompanying the product.

All other Industrial Scientific products are warranted to be free from defects in material and workmanship for a period of eighteen (18) months from the date of shipment, or one (1) year from the date of first use, whichever occurs first, except where otherwise stated in writing in Industrial Scientific literature accompanying the product.

LIMITATION OF LIABILITY

INDUSTRIAL SCIENTIFIC MAKES NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

SHOULD THE PRODUCT FAIL TO CONFORM TO THE ABOVE WARRANTY, BUYER’S ONLY REMEDY AND INDUSTRIAL SCIENTIFIC’S ONLY OBLIGATION SHALL BE, AT INDUSTRIAL SCIENTIFIC’S SOLE OPTION, REPLACEMENT OR REPAIR OF SUCH NON-CONFORMING GOODS OR REFUND OF THE ORIGINAL PURCHASE PRICE OF THE NON-CONFORMING GOODS. IN NO EVENT WILL INDUSTRIAL SCIENTIFIC BE LIABLE FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR LOSS OF USE, ARISING OUT OF THE SALE, MANUFACTURE OR USE OF ANY PRODUCTS SOLD HEREUNDER WHETHER SUCH CLAIM IS PLEADED IN CONTRACT OR IN TORT, INCLUDING STRICT LIABILITY IN TORT.

It shall be an express condition to Industrial Scientific’s warranty that all products be carefully inspected for damage by Buyer upon receipt, be properly calibrated for Buyer’s particular use, and be used, repaired, and maintained in strict accordance with the instructions set forth in Industrial Scientific’s product literature. Repair or maintenance by non-qualified personnel will invalidate the warranty, as will the use of non-approved consumables or spare parts. As with any other sophisticated product, it is essential and a condition of Industrial Scientific’s warranty that all personnel using the products be fully acquainted with their use, capabilities and limitations as set forth in the applicable product literature.

Buyer acknowledges that it alone has determined the intended purpose and suitability of the goods purchased. It is expressly agreed by the parties that any technical or other advice given by Industrial Scientific with respect to the use of the goods or services is given without charge and at Buyer’s risk; therefore, Industrial Scientific assumes no obligations or liability for the advice given or results obtained.