Kaman Industrial Technologies Corporation (“Seller”) expressly warrants to its original customer (“Purchaser”) that any ReliaMark® product or system sold by Seller (a “ReliaMark Product or System”) shall conform in all material respects to the specifications and performance standards set forth by Seller in its written literature or in Seller’s quotation on the date the ReliaMark Product or System is shipped by Seller. This warranty shall apply only to nonconformities which appear within one hundred eighty (180) days (the “Warranty Period”) from the date the ReliaMark Product or System is shipped to Purchaser. If Purchaser discovers that the ReliaMark Product or System does not conform to Seller’s specifications or performance standards within such warranty period, Purchaser must notify Seller of the nonconformity, in writing, within thirty (30) days after discovery of such nonconformity but in any event not more than one hundred twenty (120) days after the date of shipment to Purchaser.
The obligation of Seller hereunder is limited, at Seller’s option, to the repair or replacement of the ReliaMark Product or System claimed to be nonconforming (through the use of standard materials and processes in effect at the time of repair) F.O.B. Seller’s place of business, subject to the limitations of liability set forth below, provided that: (1) the Purchaser, either in writing or by telephone, explains to the Seller’s Customer Service Department the nature of any claimed nonconformity; (2) the Purchaser returns such ReliaMark Product or System claimed to be nonconforming to Seller’s place of business at Purchaser’s expense or otherwise reimburses Seller for all reasonable transportation and travel expenses incurred by Seller if Purchaser prefers to have such warranty work performed in the field; and (3) Seller determines that the nonconformity was not caused by or a result of misuse, mishandling, extreme environmental conditions, or matters beyond the Seller’s reasonable control.
The warranty provided hereinabove shall not be applicable to any factory installed devices or components not manufactured by Seller, which components shall be governed by their respective manufacturers’ warranties, where applicable.
THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES OF QUALITY OR PERFORMANCE, ALL SUCH OTHER WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. IN NO EVENT SHALL SELLER, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER REGARDLESS OF HOW ARISING.
The remedies of Purchaser set forth herein are exclusive and the liability of Seller, if any, for breach of the above warranty or for any claims or damages relating to the ReliaMark Product or System, whether in contract or in tort, and whether arising out of the manufacture, sale, delivery, or use of the ReliaMark Product or System shall not exceed the original purchase price of the ReliaMark Product or System which is the subject of such claim, or Five Hundred Dollars US (US $500.00), whichever is less, such amount being agreed upon by the parties as liquidated damages representing a fair and reasonable estimate of any loss or damage which might be incurred by Purchaser as a result of any breach hereof.