CI Systems (“CI”) hereby warrants the instrument accompanying this warranty (the “Product”) under normal use and service, against defects in material and workmanship for a period of one year from delivery date.
CI is responsible under this warranty:
- To either repair or replace at CI’s option, any Product or part, which fails during the warranty period because of a defect in material or workmanship.
- The warranty is applicable if such product is returned to CI’s designated representative, shipping and handling prepaid, and CI does not determine that the defect was caused by misuse or apparent negligence of the Purchaser.
- Requests for repairs and/or replacements not covered by warranty should be made to CI’s designated representative, and include the instrument type number, part and serial number.
EXCLUSIVITY OF REMEDY:
The rights and remedies granted to the Purchaser by CI under this warranty are the sole and exclusive rights and remedies of Purchaser for non-performance or non-conformity of Products. CI’s warranty as set forth above is a limited warranty and is the only warranty made by CI.
FURTHERMORE, PURCHASER WAIVES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO USE OR PERFORMANCE OF CI’S PRODUCTS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CI SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS WARRANTY OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED THAT THE POSSIBILITY OF SUCH DAMAGES EXISTS.
LIMITATION OF LIABILITY:
Any provisions herein to the contrary notwithstanding, in no event shall CI be liable for indirect, incidental, or consequential damages and in no event shall the liability of CI arise in connection with any Products (whether such liability arises from a claim based on contract, warranty, tort or otherwise) exceed the actual amount paid by Purchaser to CI for such Product.