MiniMeter Products LIMITED WARRANTY: Conditions of Sale


1) AVATAR ENGINEERING CORPORATION:
Warrants its MiniMeter products free from defects in material or workmanship under normal use and prescribed maintenance for a period of 90 days from the date of shipment. Avatar Engineering Corporation will, within its commercially reasonable efforts, to respond promptly to any reasonable service request by the Customer. Avatar Engineering Corporation will repair or replace MiniMeter products that are found to be defective or damaged and in compliance with this warranty. This warranty shall not apply to any goods which have been damaged or altered after delivery to the Customer. This warranty does not extend to the electrical performance of any assemblies or subassemblies to which the MiniMeter products furnished are attached.

2) CUSTOMER'S OBLIGATION:
It is the responsibility of the Customer to notify Avatar Engineering Corporation within 30 days of any irregularities, defects, or damages to products delivered. Customer requests in compliance with this warranty shall receive a Return of Merchandise Authorization. Unauthorized return of product, shall be either refused or have applied a minimum restocking fee of 20% of purchase price at the discretion of Avatar Engineering Corporation. The Customer shall own the burden of any transportation costs incurred in the repair or replacement of product shown to be defective during the warranty period. Cost of any repairs made to product no longer covered by this warranty shall be the responsibility of the Customer.

3) STATEMENT OF MISUSE:
Protection provided by MiniMeter units will be impaired if used in applications that exceed ratings or not installed properly as described in the installation chapter of the manuals. Always refer to local safety regulations before installation and use of this unit. The manufacturer and its agents assume no liability for the misuse or misapplication of this unit.

4) INDEMNIFICATION/LIMITATION ON LIABILITY:
The Customer agrees to indemnify, defend and hold Avatar Engineering Corporation and its employees harmless against any and all claims, costs, losses, damages, liabilities and expenses (including reasonable attorneys' fees and costs and reasonable amounts paid in settlement) incurred by Avatar Engineering Corporation that arise out of or relate to any claim, suit, action or proceeding threatened or commenced by the Customer or any third party in respect of death or injury, damage or loss resulting from or which is alleged to result from the operation of Avatar Engineering Corporation products or the system on which such are used, except to the extent it is determined that such claims, costs, losses, damages, liabilities and expenses resulted from the willful misconduct of Avatar Engineering Corporation. In no event will Avatar Engineering Corporation be liable for any damages including lost profits for any special, indirect, incidental or consequential damages arising out of the use or inability to use the product, whether claimed under this warranty agreement or otherwise.

5) MISCELLANEOUS:
This Warranty Agreement shall be governed by the Laws of the State of Delaware. In the event of any dispute or claim arising out of or with respect to this warranty, the prevailing party shall also be entitled to recover its reasonable attorneys' fees and costs. There are no other warranties expressed or implied (including the warranty of merchantability) which extend beyond the warranty described herein. This warranty contains the entire and only understanding and agreements between the parties relating to the subject matter of this warranty, promise or condition not contained in this warranty shall not be binding on either party. The terms of this warranty shall not be modified except in writing by Avatar Engineering Corporation.


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