4 Limited Warranty
1.Limited Warranty
Honeywell Analytics, Inc. warrants to the original purchaser and/or ultimate customer (“Purchaser”) of Manning products (“Product”) that if any part thereof proves to be defective in material or workmanship within eighteen (18) months of the date of shipment by Honeywell Analytics or twelve (12) months from the date of first use by the purchaser, whichever comes first, such defective part will be repaired or replaced, free of charge, at Honeywell Analytics’ discretion if shipped prepaid to Honeywell Analytics at 405 Barclay Blvd., Lincolnshire, IL 60069, in a package equal to or in the original container. The Product will be returned freight prepaid and repaired or replaced if it is determined by Honeywell Analytics that the part failed due to defective materials or workmanship. The repair or replacement of any such defective part shall be Honeywell Analytics’ sole and exclusive responsibility and liability under this limited warranty.
2.Exclusions
A.If gas sensors are part of the Product, the gas sensor is covered by a twelve (12) month limited warranty of the manufacturer.
B.If gas sensors are covered by this limited warranty, the gas sensor is subject to inspection by Honeywell Analytics for extended exposure to excessive gas con- centrations if a claim by the Purchaser is made under this limited warranty. Should such inspection indicate that the gas sensor has been expended rather than failed prematurely, this limited warranty shall not apply to the Product.
C.This limited warranty does not cover consum- able items, such as batteries, or items subject to wear or periodic replacement, including lamps, fuses, valves, vanes, sensor elements, cartridges, or filter elements.
3.Warranty Limitation and Exclusion Honeywell Analytics will have no further obligation under this limited warranty. All warranty obligations of Honeywell Analytics are extinguishable if the Product has been subject to abuse, misuse, negligence, or accident or if the Purchaser fails to perform any of the duties set forth in this limited warranty or if the Product has not been operated in accordance with instructions, or if the Product serial number has been removed or altered.
4.Disclaimer of Unstated Warranties
THE WARRANTY PRINTED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
5.Limitation of Liability
IT IS UNDERSTOOD AND AGREED THAT HONEYWELL ANALYTIC’S LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID BY THE PURCHASER FOR THE PRODUCT AND UNDER NO CIRCUMSTANCES SHALL HONEYWELL ANALYTICS BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCT IS A CONSIDERATION LIMITING HONEYWELL ANALYTICS’ LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS WARRANTY MAY BE BROUGHT BY THE PURCHASER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTIONS HAS OCCURRED.
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