Maretron warrants products to be free from defects in materials and workmanship for two (2) years from the date of original purchase. If within the applicable period any such products shall be proved to Maretron’s satisfaction to fail to meet the above limited warranty, such products shall be repaired or replaced at Maretron’s option.
Purchaser's exclusive remedy and Maretron’s sole obligation hereunder, provided product is returned pursuant to the return requirements below, shall be limited to the repair or replacement, at Maretron’s option, of any product not meeting the above limited warranty and which is returned to Maretron; or if Maretron is unable to deliver a replacement that is free from defects in materials or workmanship, Purchaser’s payment for such product will be refunded.
Maretron assumes no liability whatsoever for expenses of removing any defective product or part or for installing the repaired product or part or a replacement therefore or for any loss or damage to equipment in connection with which Maretron’s products or parts shall be used. With respect to products not manufactured by Maretron, Maretron’s warranty obligation shall in all respects conform to and be limited to the warranty actually extended to Maretron by its supplier. The foregoing warranties shall not apply with respect to products subjected to negligence, misuse, misapplication, accident, damages by circumstances beyond Maretron’s control, to improper installation, operation, maintenance, or storage, or to other than normal use or service.
THE FOREGOING WARRANTIES ARE EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
Statements made by any person, including representatives of Maretron, which are inconsistent or in conflict with the terms of this Limited Warranty, shall not be binding upon Maretron.
IN NO CASE WILL MARETRON BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF USE, LOSS OF ANTICIPATED PROFITS OR SAVINGS, OR ANY OTHER LOSS INCURRED BECAUSE OF INTERRUPTION OF SERVICE. IN NO EVENT SHALL MARETRON’S AGGREGATE LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S) INVOLVED. MARETRON SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY MARETRON, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO.
Maretron does not warrant that the functions contained in any software programs or products will meet purchaser’s requirements or that the operation of the software programs or products will be uninterrupted or error free. Purchaser assumes responsibility for the selection of the software programs or products to achieve the intended results, and for the installation, use and results obtained from said programs or products. No specifications, samples, descriptions, or illustrations provided Maretron to Purchaser, whether directly, in trade literature, brochures or other documentation shall be construed as warranties of any kind, and any failure to conform with such specifications, samples, descriptions, or illustrations shall not constitute any breach of Maretron’s limited warranty.