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calibration or minor maintenance as described in products operating manuals. All Customer paid
repairs performed by EDDYFI are warranted against defects in materials and workmanship for
ninety (90) days from the completion of repair. Upon Customer’s written notice of defect within
the ninety (90) day period, EDDYFI will replace the defective part(s) and/or re-perform the service.
This warranty is limited to failures in areas directly related to the repair performed. EDDYFI does not
warrant any non-EDDYFI products.
SOFTWARE: Any software related to the products is subject to specific Software License Agreement
or Software Subscription Agreement. The software is not sold but granted under a non-exclusive
and restrictive license. The software must be used with the software-enable hardware or software
key supplied by EDDYFI.
TECHNICAL SUPPORT: Eddyfi shall have no obligations to provide technical support and expertise
for i) Hardware Product that are not under a valid calibration certificate or under a valid Hardware
Maintenance Plan (HMP), and ii) Software that has not been updated to the latest version available
under a Software Subscription or a Software Maintenance Plan.
LIMITED SERVICE WARRANTY: EDDYFI agrees to perform service for Customer on the expressed
condition that EDDYFI’s sole obligation will be that the service will be performed in a professional
and competent manner and will be of the kind and quality described in the EDDYFI quotation.
EDDYFI does not warrant the fitness, suitability, or condition of Customer’s equipment upon which
EDDYFI services are performed. If there is a specific problem with the quality of the service
performed, Customer shall inform EDDYFI in writing and, if feasible, the service will be re-performed
at no additional charge. In the event corrective services are performed by EDDYFI, Customer must
provide adequate access to the equipment to allow EDDYFI to perform these services. Any additional
costs incurred to provide access to the equipment will be the responsibility of the Customer. If re-
performance of the service is not feasible, EDDYFI and Customer shall negotiate in good faith to
arrive at an equitable solution.
REGARDLESS OF WHETHER UNDER CONTRACT OR TORT, NEGLIGENCE, OR ANY OTHER LEGAL
THEORY, THE LIMITED PRODUCT AND SERVICES WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE
AND NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTIBILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE SHALL
APPLY. THE LIMITED PRODUCT WARRANTY AND THE LIMITED SERVICE WARRANY ARE THE SOLE
LIABILITY OF EDDYFI WITH REGARD TO ITS PRODUCTS AND SERVICES.
LIMITATION OF LIABILITY: EDDYFI’s total liability for any and all losses and damages arising out of
any and all causes whatsoever including, without limitation, defects in the products, services,
software, documentation, or sitework supplied, shall in no event exceed the purchase price of the
applicable item(s). In no case shall EDDYFI be liable for any special, incidental or consequential
damages based upon breach of warranty, breach of contract, negligence, direct liability or any
other legal theory. Excluded damages include, but are not limited to; loss of profit, loss of savings
or revenue or other commercial or economics losses, loss of use of the product or any associated
equipment, downtime, the claims of third parties, including Customer, damage to property or injury
to personnel. Nothing in these conditions shall however limit or exclude EDDYFI’s liability for any
matter in respect of which it would be unlawful for EDDYFI to exclude or restrict liability.