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6.4 Warranty
6.4.1One year warranty
Acumen Instruments Corporation warrants this product to be free from defects in materials and workmanship for a period of one (1) year from the date of shipment. During the warranty period, Acumen Instruments Corporation will, at its option, either repair or replace products that prove to be defective.
6.4.2Exclusions
This warranty shall not apply to any defect, failure or damage caused by misuse, abuse, improper application, alteration, accident, disaster, negligence, use outside of the environmental specifications, improper or inadequate maintenance, or incorrect repair or servicing not performed or authorized by Acumen Instruments Corporation.
6.4.3Limitations
ACUMEN INSTRUMENTS CORPORATION SHALL IN NO EVENT HAVE OBLIGATIONS OR LIABILITIES TO BUYER OR ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF USE OR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF ACUMEN INSTRUMENTS CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR, OR PERFORMANCE OF THIS PRODUCT (INCLUDING EQUIPMENT, DOCUMENTATION AND SOFTWARE). IN NO EVENT SHALL THE LIABILITY OF ACUMEN INSTRUMENTS CORPORATION ARISING IN CONNECTION WITH ANY PRODUCT EXCEED THE ACTUAL AMOUNT PAID FOR SUCH A PRODUCT.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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