1. LIMITED WARRANTY : Subject to the limitations contained in Section 2 herein, D aniel Measurement &
Control, Inc. ("Daniel") warrants that the licen sed 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 o r 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. Consumab les 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 ("Resal e 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 disco vers 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 Daniel 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, sto rage 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 b e 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 writi ng 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 WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. T HERE
ARE NO REPRESENTATIONS OR WARRANT IES OF ANY KIND, EXPRE SS OR IMPLIED, AS TO MERCHANTABIL-
ITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH 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 DAMAGES CAUSED BY DELAY
IN PERFORMANCE. THE REMEDIES OF BUYER SET FOR TH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO
EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT,
INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OT HER TORT OR OTHERWIS E), SHALL DANIEL'S LI ABILITY
TO BUYER AND/OR ITS CUSTOMER S EXCEED THE PRICE TO BUYER OF THE SPECIFIC GOODS
MANUFACTURED OR SERVICE S PROVIDED BY DANIEL GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.
BUYER AGREES THAT IN NO EVENT SHALL DANIEL'S LIABILITY TO BUYER AN D/OR ITS CUSTOMERS EXTEND
TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM "C ONSEQUENTIAL
DAMAGES" SHALL INCLUDE , BUT NOT BE LIMITED TO, LOSS OF ANTICIPAT ED PROFITS, REVENUE OR USE
AND COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CA PITAL, FUEL AND POWER, AND CLAIMS
OF BUYER'S CUSTOMERS.