Parts Warranty: Individual Component parts distributed by Controls For Automation carry specific warranties by the manufacturer of each product. Copies of these warranties can be provided upon request.
Equipment Warranty: Controls For Automation warrants only that it will manufacture equipment in compliance with the design specifications and assembly procedures (including, without limitation, selection of component parts) provided by the customer, and such workmanship will be free from defects for a period of sixty (60) days from the date of manufacture of the equipment. The customer acknowledges and agrees that it has selected or approved the component parts to be used in, and has provided the design specifications and assembly procedure for, the manufacture of the equipment, and that Controls For Automation shall have no liability for such component part selection (or any liability resulting from defects in the component parts), design specifications or assembly procedure. Additionally, this Warranty does not cover the effects of normal wear and tear on the equipment, any modifications or adjustments to the equipment by the customer or any other party on behalf of the customer, or the operation or maintenance of the equipment not in accordance with its intended use. The customer agrees that it shall indemnify and hold Controls For Automation, and its affiliates, officers, directors, shareholders, agents and assigns, harmless from any claim that the design specifications, assembly procedure, component parts and/or the resulting Equipment infringe any other party’s intellectual property rights.
In the event of non-compliance with this Warranty, Controls For Automation shall, at its sole option, modify, adjust, repair or replace any equipment which is proven to be defective solely as a result of workmanship. The sole liability of Controls For Automation, and the exclusive remedy of the customer, arising out of the manufacture of the equipment hereunder, whether arising under contract, tort (including negligence), strict liability, or otherwise, shall be the modification, adjustment, repair or replacement as set forth above; provided, however, in no event shall either: (i) The customer’s costs for such modification, adjustment, repair or replacement, or (ii) The customer’s liability for damages with respect to any claim arising out of or relating to this Agreement, exceed the total amount paid for the equipment by the customer to Controls For Automation pursuant to this Agreement. Additionally, in no event shall Controls For Automation be liable to the customer for any consequential, special, incidental, indirect, exemplary or punitive damages, including, but not limited to, loss of profits, loss of production or loss of opportunity even if Controls For Automation shall have been advised of the possibility of such damages.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE CUSTOMER MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY NATURE WITH RESPECT TO THE EQUIPMENT INCLUDING, BUT NOT LIMITED TO, ANY PERFORMANCE WARRANTY, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR WARRANTIES CONCERNING THE NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
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