Warranty Policy -Limited Warranty and Disclaimer
MaxInstrument warrants that the equipment which it supplies is free from significant defects in materials and workmanship under normal use for the time periods ("Warranty Periods") described on the front side of this Certificate of Warranty as evidenced by a copy of the equipment's shipping invoice from MaxInstrument or an authorized MaxInstrument affiliate. In the event that you believe that you have discovered any such defect during the applicable Warranty Period, you may return the equipment believed to be defective, freight prepaid, to MaxInstrument during the Warranty Period, and if MaxInstrument determines that the returned equipment contains a significant defect in materials or workmanship, MaxInstrument shall, at its option, repair or replace the defective equipment and return it to you, freight prepaid or refund the purchase price of the equipment. Call MaxInstrument for a return authorization number (RMA) before returning any equipment. If MaxInstrument elects to replace the equipment it may replace it with functionally equivalent equipment. IF MaxInstrument determines that the hardware is not defective or was not under warranty, it will be returned to customer, freight collect. MaxInstrument shall have no responsibility or obligation with respect to any deficiency resulting from accidents, misuse or modifications.
MAXINSTRUMENT CORPORATION'S LIMITED WARRANTY ON EQUIPMENT IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND MAXINSTRUMENT CORPORATION MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND MAXINSTRUMENT CORPORATION EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
ALL ITEMS DESCRIBED BELOW ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND MAXINSTRUMENT CORPORATION EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAXINSTRUMENT CORPORATION DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THESE ITEMS OR ANY ACCOMPANYING WRITTEN MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OR THE SOFTWARE AND WRITTEN MATERIAL IS ASSUMED BY YOU. The items provided "AS IS" are: storage CRT's klystrons; backward wave oscillators; 50 to 1000 ohm resistive input/output circuitry of any equipment; software and software media; traveling wave tubes; magnetic tape heads; internal batteries; and cesium/rubidium beam tubes.
Complete Statement of Warranty
The limited warranty provided in the first paragraph is the only warranty of any kind that is made by MaxInstrument Corporation, its representatives, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
Limitations on Liability: No Consequential Damages
In no event will MaxInstrument Corporation be liable for costs of procurement of substitute products or services or lost profits, or any special, indirect, consequential or incidental damages, however caused and on any theory of liability, arising in any way out of the sale and/or license of products from MaxInstrument Corporation to you. This limitation shall apply even if MaxInstrument Corporation has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. In no event will MaxInstrument Corporation's liability relating to the sale or license of products or services to you, regardless of the form of the action, exceed the amount paid by you for such products or services.