PendoTECH Handheld Pressure Monitor Model PMAT-DPG
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APPENDIX A: PRODUCT WARRANTY
LIMITED WARRANTY: Subject to the limitations contained in LIMITATION OF REMEDY AND LIABILITY and except as otherwise
expressly provided herein, PendoTECH LLC (“Seller”) warrants that the Software will execute the programming instructions
provided by Seller, and that the products, systems and goods (“Goods”) manufactured by Seller will be free from defects in materials
or workmanship under normal use and service until the expiration of twenty-four (24) months from the date of shipment by Seller.
Expendable items are warranted to be free from defects in material and workmanship under normal use and service for a period of
ninety (90) days from the date of shipment by Seller. Products purchased by Seller from a third party for resale to Buyer (“Resale
Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale
Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If, within
thirty (30) days after Buyer’s discovery of any warranty defects during the applicable warranty period, Buyer notifies Seller thereof in
writing, Seller shall, at its option and as Buyer’s sole and exclusive remedy hereunder, promptly correct any errors that are found by
Seller to exist in the Software, or repair or replace F.O.B. point of manufacture, that portion of the Goods or Software found by Seller
to be defective. All replacements or repairs necessitated by inadequate preventive maintenance, or by normal wear and usage, or
by fault of Buyer, or by unsuitable power sources or by attack or deterioration under unsuitable environmental conditions, or by
abuse, accident, alteration, misuse, improper installation, modification, repair, storage or handling, or any other cause not the fault of
Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller 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 an authorized Seller
representative. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel for site travel and
diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Failure by Buyer to give such
written notice of defects within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for
such defects. Goods repaired and parts replaced during the warranty period shall be in warranty for the remainder of the original
warranty period or ninety (90) days, whichever is longer. All warranties, either express or implied, extend to BUYER only. All
descriptions, representations and/or other information concerning Goods on the PendoTECH website and/or contained in
PendoTECH’s advertisements, brochures, promotional material, or statements made by employees or sales representatives of
PendoTECH are solely for general informational purposes only and are not binding upon PendoTECH. No employee or sales
representative of PendoTECH shall have any authority to establish, expand or otherwise modify PendoTECH’s warranty associated
with the sale of Goods. SELLER shall not be liable to BUYER in any manner with respect to Goods sold. SELLER MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS AND
EXCLUDES ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
USE, NON-INFRINGEMENT OR WARRANTY ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR
PERFORMANCE. PendoTECH, LLC makes no warranty or representation regarding whether or not a customer’s end use of any
PendoTECH product, system or good infringes the valid intellectual property rights of others.
LIMITATION OF REMEDY AND LIABILITY: SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN
PERFORMANCE. THE SOLE ANDEXCLUSIVE REMEDY FOR BREACH OF WARRANTY HEREUNDERSHALL BE LIMITED TO
REPAIR, CORRECTION OR REPLACEMENT UNDER THE LIMITED WARRANTY. IN NO EVENT, REGARDLESS OF THE FORM OF
THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY,
OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEEDTHE PRICE TO
BUYER OF THE SPECIFIC GOODS MANUFACTURED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER
AGREES THAT IN NO EVENT SHALL SELLER’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, LOSS OF USE, LOSS OF REVENUE AND COST OF CAPITAL. Rev. 0
Contact PendoTECH for more service or more information on use of this product
www.PendoTECH.com
Phone: (+1) 609-799-2299
