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16. WARRANTY
Arizona Instrument LLC (seller) warrants to buyer that Jerome products delivered pursuant to this
agreement shall, at the time of delivery, and for a period of one (1) year. Thereafter (the Internal
Battery Pack, where applicable, is warranted for a period of ninety [90] days only), to be free from
defects in material or workmanship and shall conform to seller's specifications or such other
specifications as seller has agreed to in writing. Seller's obligations with respect to claims under
this warranty shall be limited, at seller's option, either to the replacement of defective or non-
conforming product or to an appropriate credit for the purchase price thereof subject to the
provisions of seller's Warranty Policy as amended from time to time, said Policy being
incorporated herein by reference.
Returned products under warranty claims will be shipped to seller’s plant by buyer at buyer's
expense and shall be accompanied by a statement of the reason for the return and an approved
Return Material Authorization Number issued by seller. Buyer remains responsible for payment
for products not accepted for warranty adjustment, handling costs, and freight costs associated
therewith.
Notwithstanding the foregoing, no warranty shall be enforceable in the event that product has been
subjected to environmental or stress testing by buyer or any third party without written approval of
seller prior to such testing. Further, no warranty shall be enforceable if the alleged defect is found
to have occurred because of misuse, neglect, improper installation, repair, alteration, accident, or
improper return handling procedure by buyer.
Discontinued product is warranted only for a credit or replacement at seller's option.
THE EXPRESS WARRANTIES GRANTED ABOVE SHALL EXTEND DIRECTLY TO
BUYER AND NOT TO BUYER'S CUSTOMERS, AGENTS, OR REPRESENTATIVES AND,
EXCEPT FOR WARRANTY OF TITLE, IS IN LIEU OF ALL OTHER WARRANTIES,
WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, SUCH OTHER
WARRANTIES BEING SPECIFICALLY DISCLAIMED BY SELLER. IN NO EVENT SHALL
EITHER PARTY'S LIABILITY FOR ANY BREACH OR ALLEGED BREACH OF THIS
AGREEMENT EXCEED THE TOTAL EXTENDED PRICE OR PRICES SHOWN ON
UNFILLED ORDERS, NOR SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM BREACH OR
ALLEGED BREACH.
Notwithstanding the foregoing, if any product covered by order(s) placed hereunder is designated
as “developmental,” “prototype” or “experimental,” no warranty whatsoever except a warranty of
title to component materials, will be applicable thereto and buyer shall indemnify seller for any
claims for liability asserted seller in connection therewith.
The foregoing state the entire liability of seller in connection with products supplied hereunder.
AZI Customer Service 800-528-7411 or 602-470-1414 Page 49 of 50