Warranty:
DeltaTrak shall warrant that the products are in operating condition at the time of shipment. The warranty shall be limited to the following provisions: DeltaTrak instruments are monitoring devices, which do not control nor regulate. Therefore, the manufacturer?s liabilities are limited to the replacement of or refund for any instrument that may be defective or fails to function as noted under the terms and conditions in clause 8 shown above. DeltaTrak will have no obligation to the extent that any failure of a product to comply with the limited warranty results from or is otherwise attributable to 1) negligence, misuse, 2) modifications, alterations or repairs to the products made by a party other than DeltaTrak.
The remedies of purchases set forth herein are exclusive and the total liability of DeltaTrak with respect to this order, whether based on contract, warranty, negligence, indemnification, strict liability or otherwise, shall not exceed the purchase price of the product upon which liability is based. In no event shall DeltaTrak be liable for consequential, incidental or special damages.