Motion-Lab-Warranty

Limited One-Year Warranty; Limitations of Liability. MLI warrants that for a period of one year from delivery, MLI Products will be free from defects in material and workmanship under normal use. In the event that a defect in any MLI Product is discovered within the one-year warranty period, then the customer must notify MLI in writing within thirty (30) days of discovering the defect or before expiration of the one-year warranty period, whichever shall occur first. No claim may be made against MLI without strict compliance with this notice requirement. MLI shall have the option to repair or replace the MLI Product or any of its components solely to the extent that MLI deems it necessary to remedy the defect. Any incidental costs, including without limitation, the cost to ship the defective MLI Product or affected components to MLI, or to such other repair facility as Motion Laboratories, in its discretion, may designate, shall be the responsibility of the buyer.

THIS WARRANTY SHALL NOT APPLY, AND MLI SHALL HAVE NO OBLIGATIONS HEREUNDER UPON THE OCCURRENCE OF ANY OF THE FOLLOWING: (A) IF THE MLI PRODUCT IS SUBJECT TO ANY USE FOR WHICH IT WAS NOT INTENDED; (B) IF THE MLI PRODUCT IS MODIFIED IN ANY WAY BY ANY PARTY OTHER THAN MLI; OR (C) IF ANY PARTY OTHER THAN MLI ATTEMPTS TO REPAIR OR REPLACE ANY DEFECT IN THE MLI PRODUCT OR IN ANY COMPONENT THEREOF.

To the fullest extent permitted by applicable law, this Warranty shall be for the exclusive benefit of the buyer with which or with whom MLI is in privity of contract, and shall not inure to the benefit of any third party whatever.

UNDER NO CIRCUMSTANCES SHALL MLI BE LIABLE TO ANY PERSON OR BUSINESS ENTITY, INCLUDING THE BUYER, UNDER ANY CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, THOSE BASED UPON CONTRACT, NEGLIGENCE, BREACH OF WARRANTY OR TORTIOUS CONDUCT, FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY CLAIMS FOR LOST PROFITS.

THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING ALL MLI PRODUCTS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILTY AND/OR OF FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES IMPLIED BY LAW ARE HEREBY EXPRESSLY DISCLAIMED.