Warranty

Warranty

DELAWARE MANUFACTURING INDUSTRIES CORPORATION, HEREINAFTER REFERRED TO AS DMIC, WARRANTS ITS PRODUCTS (CONSUMABLE ITEMS EXCEPTED) TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP, UNDER NORMAL USE AND SERVICE, FOR A PERIOD OF SIX MONTHS FROM DATE OF INITIAL USE, OR ONE YEAR FROM DATE OF SHIPMENT FROM FACTORY, WHICHEVER IS FIRST. THIS LIMITED WARRANTY IS EFFECTIVE ONLY IF THE EQUIPMENT OR APPARATUS IS USED AS DIRECTED, IS NOT SUBJECTED TO MISUSE, NEGLIGENCE, OR ACCIDENT, AND IS NOT ALTERED, TREATED, OR REPAIRED BY ANYONE OTHER THAN DMIC TECHNICAL STAFF.

THE BUYER’S EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL BE, AT THE SOLE DISCRETION OF DMIC, EITHER REPAIR OR REPLACEMENT OF THE NON-CONFORMING MATERIAL BY DMIC, OR REIMBURSEMENT BY DMIC FOR THE PRICE OF SAID NON-CONFORMING MATERIAL. IN ORDER TO OBTAIN SAID REMEDY, THE BUYER SHALL DELIVER WRITTEN NOTICE OF THE ALLEGED BREACH AND REQUEST A RETURN GOODS AUTHORIZATION (“RGA”) FROM DMIC. THE BUYER SHALL RETURN THE NON-CONFORMING MATERIAL TO DMIC FREIGHT PREPAID WITHIN THIRTY DAYS AFTER THE BUYER HAS BEEN GRANTED THE RGA. NO INCIDENTAL, PROXIMATE, CONSEQUENTIAL, OR OTHER DAMAGES SHALL BE RECOVERABLE. DMIC SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES INCLUDING, BUT NOT LIMITED TO, LOSS OF LIFE, PERSONAL INJURY, LOSS OF CROPS, LOSS DUE TO FIRE OR WATER PROPERTY DAMAGE, AND CONSEQUENTIAL TRADE OR OTHER COMMERCIAL LOSS ARISING OUT OF THE FAILURE OF THE DMIC PRODUCT.

ALL WARRANTIES EXPRESS OR IMPLIED ARE SET FORTH IN THIS LIMITED WARRANTY; THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS SAID LIMITED WARRANTY. DMIC MAKES NO WARRANTIES OF FREEDOM FROM PATENT INFRINGEMENT, OR MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE OR OTHER LIKE OR DIFFERENT EXPRESSED OR IMPLIED WARRANTIES, EXCEPT AS MADE ABOVE.