Warranty and limitation of liability
1.LIM ITED W ARRANTY: Subject to the limitations contained in Section 2 herein, Daniel Measurement & Control, Inc. (“Daniel”) warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Daniel, and that the Goods manufactured by Daniel will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. The foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Daniel, whichever period expires first. Consumables and Services are warranted for a period of 90 days from the date of shipment or completion of the Services. Products purchased by Daniel from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Daniel has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects and notifies Daniel thereof in writing during the applicable warranty period, Daniel shall, at its option, correct any errors that are found by D aniel in the firmware or Services or repair or replace F.O.B. point of manufacture that portion of the Goods or firmware found by Daniel to be defective, or refund the purchase price of the defective portion of the Goods/Services. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Daniel are not covered by this limited warranty, and shall be at Buyer’s expense. Daniel shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Daniel. All costs of dismantling, reinstallation and freight and the time and expenses of Daniel’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Daniel. Goods repaired and parts replaced by Daniel during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days, whichever is longer. This limited warranty is the only warranty made by Daniel and can be amended only in a writing signed by Daniel. THE W ARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE.
THERE ARE NO REPRESENTATIONS OR W ARRANTIES OF A NY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER W ITH RESPECT TO ANY OF THE GOODS OR SERVICES. Buyer acknowledges and agrees that corrosion or erosion of materials is not covered by this warranty.
2.LIMITATION OF REMEDY AND LIABILITY: DANIEL SHALL NOT BE LIABLE FOR DAM AGES CAUSED BY DELAY IN PERFORM ANCE. THE REM EDIES OF BUYER SET FORTH IN THIS AGREEM ENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (W HETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERW ISE), SHALL DANIEL’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE TO BUYER OF THE SPECIFIC GOODS M ANUFACTURED OR SERVICES PROVIDED BY DANIEL GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL DANIEL’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE OR USE AND COSTS INCURRED INCLUDING W ITHOUT LIMITATION FOR CAPITAL, FUEL AND POW ER, AND CLAIMS OF BUYER’S CUSTOMERS.