5. WARRANTY AND LIMITATION OF LIABILITY
This Martindale product is warranted to be free from defects in
material and workmanship under normal use and service. The
warranty period is 2 years and begins on the date of receipt by the
end user. This warranty extends only to the original buyer or end-
user customer, and does not apply to fuses, disposable batteries,
test leads or to any product which, in Martindale’s opinion, has
been misused, altered, neglected, contaminated, or damaged by
accident or abnormal conditions of operation, handling or storage.
Martindale authorised resellers shall extend this warranty on new
and unused products to end-user customers only but have no
authority to extend a greater or different warranty on behalf of
Martindale.
Martindale’s warranty obligation is limited, at Martindale’s
option, to refund of the purchase price, free of charge repair, or
replacement of a defective product which is returned to Martindale
within the warranty period.
This warranty is the buyer’s sole and exclusive remedy and is in
lieu of all other warranties, expressed or implied, including but not
limited to any implied warranty of merchantability or fitness for a
particular purpose. Martindale shall not be liable for any special,
indirect, incidental or consequential damages or losses, including
loss of data, arising from any cause or theory.
Since some jurisdictions do not allow limitation of the term of
an implied warranty, or exclusion or limitation of incidental or
consequential damages, the limitations and exclusions of this
warranty may not apply to every buyer. If any part of any provision
of this warranty is held invalid or unenforceable by a court or other
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