LIMITED WARRANTY
(a) Red Lion Controls Inc. (the “Company”) warrants that all Products shall be free from defects in
material and workmanship under normal use for the period of time provided in “Statement of Warranty
Periods” (available at www.redlion.net) current at the time of shipment of the Products (the “Warranty
Period”).
EXCEPT FOR THE ABOVE-STATED WARRANTY, COMPANY MAKES NO
WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (A)
WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR
IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF
TRADE OR OTHERWISE.
Customer shall be responsible for determining that a Product is suitable
for Customer’s use and that such use complies with any applicable local, state or federal law.
(b) The Company shall not be liable for a breach of the warranty set forth in paragraph (a) if (i) the
defect is a result of Customer’s failure to store, install, commission or maintain the Product according
to specifications; (ii) Customer alters or repairs such Product without the prior written consent of
Company.
(c) Subject to paragraph (b), with respect to any such Product during the Warranty Period, Company
shall, in its sole discretion, either (i) repair or replace the Product; or (ii) credit or refund the price of
Product provided that, if Company so requests, Customer shall, at Company’s expense, return such
Product to Company.
(d)
THE REMEDIES SET FORTH IN PARAGRAPH (c) SHALL BE THE CUSTOMER’S SOLE
AND EXCLUSIVE REMEDY AND COMPANY’S ENTIRE LIABILITY FOR ANY BREACH
OF THE LIMITED WARRANTY SET FORTH IN PARAGRAPH (a).
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