Monarch Instrument Warranty Statement
HARDWARE PRODUCTS LIMITED WARRANTY: MONARCH INTERNATIONAL, INC. (“SELLER”) warrants hardware products supplied by it to be free from any defects in materials or workmanship for a period of one (1) year from the date of shipment to BUYER. SELLER’s entire liability, and BUYER’s sole and exclusive remedy, resulting from any defects in workmanship or material in the hardware product covered by this limited warranty shall be limited to and fully discharged by, at the SELLER’s option, either the repair of such hardware product or its replacement with the same or a like product without charge.
SOFTWARE PRODUCTS LIMITED WARRANTY: SELLER warrants that any software product supplied by it will operate substantially in accordance with the documentation or manual supplied therewith in all material respects when used in strict compliance with such documentation or manual. Notwithstanding the foregoing, BUYER acknowledges that, since software is complex and therefore may have defects, BUYER’s sole and exclusive remedy for any such defects in the software products or for breach of this warranty shall be to require SELLER, within a reasonable period of time, to provide all reasonable programming services to correct programming errors in the software product.
BUYER may purchase from SELLER an “Extended Limited Warranty” which will extend the duration of the limited warranties hereunder from a period of one (1) year to a period of three (3) years from date of shipment to BUYER. With respect to each Extended Limited Warranty, all terms, conditions, restrictions, limitations and exclusions other than the duration remain the same as set forth above. SELLER’s invoice and/or BUYER’s purchase order shall state whether the Extended Limited Warranty is applicable, and, if so, which products are covered by such Extended Limited Warranty.
GENERAL PROVISIONS APPLICABLE TO HARDWARE AND SOFTWARE PRODUCTS: THE LIMITED WARRANTIES PROVIDED ABOVE ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE. EXCEPT AS PROVIDED ABOVE, SELLER MAKES AND BUYER RECEIVES FROM SELLER NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ALL OR ANY PORTION OF THE HARDWARE OR SOFTWARE PRODUCTS AND BUYER HEREBY AGREES AND ACKNOWLEDGES THAT IT ACCEPTS THE HARDWARE AND SOFTWARE PRODUCTS IN ‘AS IS’ CONDITION. SELLER HEREBY EXPRESSLY EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE HARDWARE AND SOFTWARE PRODUCTS. BUYER agrees that any specific right or remedy granted to BUYER hereunder with respect to any breach or default by SELLER relating to any hardware or software products supplied by SELLER, or with respect to any failure of such products, shall be in lieu of all other rights and remedies otherwise available to BUYER at law or in equity as the result of such breach, default, or failure, regardless of whether based on contract, tort, strict liability, or other theory of liability. SELLER’s entire liability with respect to any such breach, default, or failure, and BUYER’s sole and exclusive remedy, shall be as set forth above in the respective limited warranty sections.
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES FOR ANY LOST PROFITS OR LOST DATA) AS THE RESULT OF ANY BREACH OR DEFAULT BY SELLER WITH RESPECT TO THE HARDWARE OR SOFTWARE PRODUCTS, OR ARISING AS A RESULT OF THE FAILURE OF SUCH PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY.
The limited warranties above do not extend or apply to any defects, failures, or damage resulting from: (a) misuse of the product; (b) use of the product in other than its normal and customary manner; (c) accident, neglect or contamination; (d) improper testing, operation, maintenance, service, repair, installation or storage; (e) unauthorized alteration or modification of the product; or (f) use of the product with any other hardware or software with which such product was not intended to be used. The limited warranties above do not extend or apply to consumables or accessories (including, but not limited to, reflective tape, lamps and batteries, if applicable) or equipment, instruments or accessory items which are warranted separately by the original manufacturer of these items.
The provisions of these Limited Warranties shall be governed by the laws of the State of New Hampshire without regard to the conflict of laws principles thereof. These Limited Warranties shall not be modified except by an agreement signed by both parties specifically referencing these Limited Warranties.