If the product is found to be in good working order or its inability to function properly is a result of user damage or abuse, the product will be returned in the same condition as received unless repair is possible and requested by the customer. Repairs of such nature will incur a charge for parts and labor and will proceed only by agreement with the customer to accept the charge.
Without limiting the generality of the following, this warranty shall not apply to defects resulting from unauthorized modification, misuse, vandalism, fire, floods, acts of nature, or alterations of serial numbers.
Disclaimer
This warranty is exclusive and in lieu of all other representations, warranties, guarantees, and conditions, express or implied, statutory or otherwise and without limiting the generality of the foregoing, Honeywell expressly disclaims and excludes any implied warranty of merchantability, durability, or fitness for purpose and any warranties or modified warranties arising from usage of trade or course of dealing.
Any description of the goods or services, whether in writing or made orally by Honeywell or our agents, specifications, samples, models, bulletins, drawings, diagrams, engineering sheets, or similar materials used in connection with customer’s order are for the sole purpose of identifying the goods and/or services and shall not be construed as an express warranty. Any suggestions by Honeywell International or our agents regarding use, applications, or suitability of the goods and/or services shall not be construed as an express warranty unless confirmed to be such in writing by Honeywell International. You assume full responsibility for selecting products to achieve your intended purposes, for properly installing and using those products, and for verifying the results obtained therefrom.
Your exclusive remedy and Honeywell’s entire liability arising from or in connection with your use of the products and/or this agreement shall be repair or replacement of defective products, as set forth above. Honeywell International shall not be subject to and disclaims: (A) Any other obligations or liabilities arising out of breach of contract or of warranty, (B) Any obligations whatsoever arising from tort claims (including negligence, and strict liability) or arising under other theories of law with respect to goods sold or services rendered by seller, or any undertakings, acts, or omissions relating thereto, and, (C) all consequential, incidental, special, and contingent damages whatsoever, even if Honeywell has been specifically advised of the possibility of such damages.
Without limiting the generality of the foregoing, Honeywell specifically disclaims any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, loss of use of goods or any associated equipment, cost of capital, cost of substitute goods, facilities or services,
Rev 1.00 | 51 | Document 900.0259 |
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| 10/04 |