User`s guide

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(b) As a condition to Monnit’s obligations under the immediately preceding paragraphs,

Customer shall return Products to be examined and replaced to Monnit’s facilities, in

shipping cartons which clearly display a valid RMA number provided by Monnit. Customer

acknowledges that replacement products may be repaired, refurbished or tested and found

to be complying. Customer shall bear the risk of loss for such return shipment and shall

bear all shipping costs. Monnit shall deliver replacements for Products determined by

Monnit to be properly returned, shall bear the risk of loss and such costs of shipment of

repaired products or replacements, and shall credit Customer’s reasonable costs of

shipping such returned Products against future purchases.

or replace non-conforming products as set forth in the immediately preceding paragraph, or

to refund the documented purchase price for non-conforming Products to Customer.

Monnit’s warranty obligations shall run solely to Customer, and Monnit shall have no

obligation to customers of Customer or other users of the Products.

Limitation of Warranty and Remedies.

THE WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY APPLICABLE TO

PRODUCTS PURCHASED BY CUSTOMER. ALL OTHER WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY

DISCLAIMED. MONNIT’S LIABIITY WHETHER IN CONTRACT, IN TORT, UNDER ANY

WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE

PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT. UNDER NO

CIRCUMSTANCES SHALL MONNIT BE LIABLE FOR SPECIAL, INDIRECT OR

CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCTS IS A

CONSIDERATION IN LIMITING MONNIT’S LIABILITY. NO ACTION, REGARDLESS OF

FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER

MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

IN ADDITION TO THE WARRANTIES DISCLAIMED ABOVE, MONNIT SPECIFICALLY

DISCLAIMS ANY AND ALL LIABILITY AND WARRANTIES, IMPLIED OR EXPRESSED,

FOR USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A

PRODUCT COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY, OR SEVERE

PHYSICAL OR ENVIRONMENTAL DAMAGE SUCH AS, BUT NOT LIMITED TO, LIFE

SUPPORT OR MEDICAL DEVICES OR NUCLEAR APPLICATIONS. PRODUCTS ARE

NOT DESIGNED FOR AND SHOULD NOT BE USED IN ANY OF THESE

APPLICATIONS.