a) Each Endevco Product is warranted to conform to its published specifications for the periods shown below from date of its first shipment to Buyer, or the minimum period required by applicable law, whichever is longer (the “Limited Warranty”).

• Piezoelectric transducers: 5 yrs.
• Piezoresistive transducers: 5 yrs.
• Isotron® (Internal electronic piezoelectric transducers): 5 yrs.
• Pressure transducers: 5 yrs.
• Microtron® (Variable capacitance transducers): 5 yrs.
• Electronic instrumentation: 5 yrs.
• In-Warranty Product returned for repair or replacement – Warranty is ninety (90) days or end of original warranty period, whichever occurs later.

(For Product that is returned under warranty and are tested and no fault found, Seller will be entitled to reimbursement from Buyer of the testing and evaluation charges.) > Out-of-warranty Product returned for repair or calibration: Warranty is ninety (90) days from the date of return shipment from Seller.

b) Except for the express limited warranties in section 4(a) to the maximum extent allowable under applicable law, seller disclaims all warranties, whether express or implied, statutory or otherwise (including warranty of merchability, noninfringement, or fitness for a particular purpose) in connection with any product. Seller assumes no liability for faulty or improper application or use of any Product or use thereof with any other product.

c) All warranty claims must be made in writing to Seller during the applicable warranty period and the Products claimed defective must be returned by Buyer to Seller at Seller’s plant. All Products returned for warranty must be accompanied by a written explanation of product failure. Seller will repair or replace, at its option, any defective Products and return the repaired or replacement Products to Buyer without charge. Such repair or replacement shall be buyer’s sole and exclusive remedy and seller’s sole and exclusive liability for defective products. Seller’s warrantie s shall not be enlarged or affected by, and no obligation or liability shall arise out of seller’s advice or service in connection with, any order or product. Seller will not issue credit for products returned more that thirty (30) days from the date of product shipment to buyer by seller. Seller shall assess a restocking charge on all Endevco products returned, such charge to be 25% of the sale price.

d) Not withstanding anything else herein, seller shall not be liable under this agreement or otherwise in connection with any product, under any legal or equitable theory, whether in contract, tort or otherwise (including negligence or strict liability): (I) For any amount exceeding the amount paid by buyer to seller for the specific product (item) giving rise to such liability; (II) For any punitive, special, incidental, indirect or consequential damages, or (III) Any lost profits, lost opportunity or lost revenue, whether characterized as direct damages or otherwise.

e) Certain jurisdictions limit or do not allow the exclusion or limitation of warranties or liability. Sections 4(b), (c) or (d) therefore may not in whole or in part apply to buyer. To the extent that any limitation or exclusion of liability or warranty shall apply, it shall be limited to the least extent possible under applicable law.

Endevco Terms and Conditions