Warranties (a) Exclusive Warranty. Omron’s exclusive warranty is that the Products will be free from defects in materials and workmanship for a period of twelve months from the date of sale by Omron (or such other period expressed in writing by Omron). Omron disclaims all other warranties, express or implied. (b) Limitations. OMRON MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, ABOUT NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCTS. BUYER ACKNOWLEDGES THAT IT ALONE HAS DETERMINED THAT THE PRODUCTS WILL SUITABLY MEET THE REQUIREMENTS OF THEIR INTENDED USE.
Omron further disclaims all warranties and responsibility of any type for claims or expenses based on infringement by the Products or otherwise of any intellectual property right. (c) Buyer Remedy.
Omron’s sole obligation hereunder shall be, at Omron’s election, to (i) replace (in the form originally shipped with Buyer responsible for labor charges for removal or replacement thereof) the non-complying Product, (ii) repair the non-complying Product, or (iii) repay or credit Buyer an amount equal to the purchase price of the non-complying Product; provided that in no event shall Omron be responsible for warranty, repair, indemnity or any other claims or expenses regarding the Products unless Omron’s analysis confirms that the Products were properly handled, stored, installed and maintained and not subject to contamination, abuse, misuse or inappropriate modification.
Return of any Products by Buyer must be approved in writing by Omron before shipment. Omron Companies shall not be liable for the suitability or unsuitability or the results from the use of Products in combination with any electrical or electronic components, circuits, system assemblies or any other materials or substances or environments. Any advice, recommendations or information given orally or in writing, are not to be construed as an amendment or addition to the above warranty. See http://www.omron.com/global/ or contact your Omron representative for published information.
Limitation on Liability; Etc OMRON COMPANIES SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR PRODUCTION OR COMMERCIAL LOSS IN ANY WAY CONNECTED WITH THE PRODUCTS, WHETHER SUCH CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE OR STRICT LIABILITY. Further, in no event shall liability of Omron Companies exceed the individual price of the Product on which liability is asserted. Suitability of Use Omron Companies shall not be responsible for conformity with any standards, codes or regulations which apply to the combination of the Product in the Buyer’s application or use of the Product.
At Buyer’s request, Omron will provide applicable third party certification documents identifying ratings and limitations of use which apply to the Product. This information by itself is not sufficient for a 2 Terms and Conditions Agreement NJ/NX/NY-series Controller