MSA Permanent Instrument Warranty

Warranty

MSA the Safety Company warrants that this product will be free from mechanical defect or faulty workmanship for a period of two (2) years from the date of delivery, provided it is maintained and used in accordance with MSA's instructions and/or recommendations.

This warranty does not apply to expendable or consumable parts whose normal life expectancy is less than one (1) year, such as, but not limited to, nonrechargeable batteries, filament units, filter, lamps, fuses, etc. MSA shall be released from all obligations under this warranty in the event that repairs or modifications are made by persons other than its own or authorized service personnel or if the warranty claim results from physical abuse or misuse of the product. No agent, employee, or representative of MSA has any authority to bind MSA to any affirmation, representation, or warranty concerning the goods sold under this contract. MSA makes no warranty concerning components or accessories not manufactured by MSA, but will pass on to the Purchaser all warranties of manufacturers of such components.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, AND IS STRICTLY LIMITED TO THE TERMS HEREOF. SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Exclusive Remedy

It is expressly agreed that the Purchaser's sole and exclusive remedy for breach of the above warranty, for any tortious conduct of the Seller, or for any other cause of action, shall be the repair and/ or replacement at the Seller's option of any equipment or parts thereof, which after examination by the Seller is proven to be defective. Replacement equipment and/or parts will be provided at no cost to the Purchaser, F.O.B. Seller's Plant. Failure of the Seller to successfully repair any nonconforming product shall not cause the remedy established hereby to fail of its essential purpose.

Exclusion of Consequential Damage

The Purchaser specifically understands and agrees that under no circumstances will the Seller be liable to the Purchaser for economic, special, incidental, or consequential damages or losses of any kind whatsoever, including but not limited to, loss of anticipated profits and any other loss caused by reason of nonoperation of the goods. This exclusion is applicable to claims for breach of warranty, tortious conduct, or any other cause of action against the Seller.