Copyright 2017 Positron, Inc.
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4.4
Warranty
Subject to the provisions of this paragraph, Positron warrants that the equipment shall perform in
accordance with Positron's specifications. The warranty remains valid for one (1) year from the
date of shipment. The warranty fully covers workmanship, materials and labor. Positron shall, at its
sole discretion, repair or replace the problem unit.
During the warranty period, freight costs to ship defective equipment to Positron are borne by the
Customer, while the return of replaced or repaired equipment is at Positron's expense.
4.5
Limitation of Liability
Subject to anything to the contrary contained herein, Positron's sole obligation and liability and the
customer's sole remedy for Positron's negligence, breach of warranty, breach of contract or for any
other liability in any way connected with or arising out of, the equipment or any services performed
by Positron shall be as follows:
In all situations involving performance or non-performance of the equipment or any component
thereof, the customer's sole remedy shall be, at Positron's option, the repair or replacement of the
equipment or said component.
For any other claim in any other way related to the subject matter of any order under, the customer
shall be entitled to recover actual and direct damages; provided that Positron's liability for damages
for any cause whatsoever, and regardless of the form of the action, whether in contract or in tort
(including negligence), shall be limited to the value of the order.
Positron shall not be obligated to repair or replace any item of the equipment which has been
repaired by others, abused or improperly handled, improperly stored, altered or used with third
party material or equipment, which material, or equipment may be defective, of poor quality or
incompatible with the equipment supplied by Positron, and Positron shall not be obligated to repair
or replace any component of the equipment which has not been installed according to Positron
specifications.
IN NO EVENT SHALL POSITRON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR OR ADDITIONAL DAMAGES
INCURRED OR SUFFERED INCLUDING LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF
DATA, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, LOSS OF LIFE, STAFF
INJURY, LOSS OF EXPECTED SAVINGS OR BUSINESS INTERRUPTION ARISING OUT OF
OR IN CONNECTION WITH THE EQUIPMENT, A PURCHASE ORDER SUPPLIES,
MAINTENANCE SERVICES OR OTHER SERVICES FURNISHED HEREUNDER, EVEN IF
POSITRON HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, POSITRON DISCLAIMS ANY
FURTHER CONDITIONS, REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN OR
ORAL, EXPRESSED OR IMPLIED, INCLUDING THE CONDITIONS AND WARRANTIES OF
MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, PERFORMANCE AND THOSE ARISING FROM STATUE, TO THE EXTENT PERMITTED
BY LAW. POSITRON DOES NOT WARRANT THAT THE SYSTEM WILL OPERATE WITHOUT
INTERRUPTION OR THAT IT WILL BE ERROR FREE.
