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Adaptive Frequency Inc. warrants for two years from the date of shipment, the product is free of manufacturing defects and conforms to Adaptive’s product specifications in force as of the date of manufacture of the product shipped.
This warranty does not apply to accidental damage, shipping damage, misuse, abnormal line or source voltage, abnormal conditions of operation beyond the parameters specified in this product manual;
Adaptive shall only be liable under this warranty if the product has been used in accordance with Adaptive’s instructions, in force on the date of purchase.
The purchaser must examine the product when received and promptly notify Adaptive in writing of any non-conformity before the product is used and no later than 30 days after such non-conformity is first discovered. If Adaptive, in its sole discretion, determines that the product has breached the above warranty, it will, at its sole discretion: replace the non-conforming product; refund the purchase price; or issue a credit in the amount of the purchase price. This is the sole and exclusive remedy for breach of this warranty. Any modification of this Warranty shall be binding only if such modification is in writing, and signed by an Adaptive officer. This information supersedes all other sales information received by the purchaser during the sales process.
THE FOREGOING WARRANTY SHALL BE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES OTHERWISE ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM, TRADE OR OTHERWISE.
Adaptive Frequency Inc. (“Adaptive”) shall not be liable in contract or in tort including, without limitation, negligence, strict liability or otherwise for loss of sales, revenues or profits; cost of capital or funds; business interruption or cost of downtime, loss of use, damage to or loss of use of other property (real or personal); failure to realize expected saving; frustration of economic or business expectations; claims by third parties (other than for bodily injury), or economic losses of any kind; or for any special; incidental, indirect, consequential, punitive or exemplary damages arising in any way out of the performance of, or failure to perform, its obligations under any contract for sale of product, even if Adaptive could foresee or has been advised of the possibility of such damages.
In addition, Adaptive’s liability shall be limited to the purchase price of the Adaptive product or products that is the source of the claim, and in no event more than the aggregate purchase price, for the last six months, of Adaptive’s products purchased by the purchasing party. The Parties expressly agree that these limitations on damages are allocations of risk constituting, in part, the consideration for this agreement, and also that such limitations shall survive the determination of any court of competent jurisdiction that any remedy provided in these terms or available at law fails of its essential purpose.