Qual Electronics Corporation d/b/a Nova Engineering, Inc. (“Nova”) warrants its products will not fail or substantially deteriorate when they are properly utilized and unmodifiedfor a period of ninety (90) days from the date of shipment of the product (hereafter “Warranty Period”). If during the Warranty Period the product fails or exhibits substantial nonconformity with generally accepted manufacturing standards, Nova will repair or replace the defective product, at its sole option, at no charge to the Purchaser. In order for warranty coverage in the Warranty Periodto apply Purchaser mustnotifyNova in writing and furnish proof of purchase within five (5) business days of when failure or nonconformity becomes evident.
Damage, failure, or nonconformity of the product caused by improper handling during shipment or placement in service, modification, damage or failuredue to misuse or abuse, or damage or failure caused by acts of God, falling objects, external forces, explosion, fire, riot, civil disturbance, acts of war, radiation or any other such occurrences beyond Nova’s control, are excluded from this warranty. The warranty attached to any repaired or replaced product shall be subject to the same terms as the original warranty except that the warranty period on any such repaired or replaced product shall be ninety (90) days from the date of repair or replacement or until the end of the original warranty period, whichever is longer.
The liability of Nova under this warranty, or for any loss or damage arising out of or connected with the design, application, sale or use of the product, whether the claim is based on contract or negligence, shall not exceed the price allocated to the value of the original product which gives rise to the claims. Upon expiration of the Warranty Period all such liability shall terminate. Nova shall not be liable for any special or consequential damages including, but not limited to, loss of profits or revenue, loss of use of equipment, substitute equipment cost or labor charged to remove or reinstall the warrantied product, nor any product transportation expenses to and from Nova’s location if repair or replacement of the warrantied product is necessary. Preauthorization must be obtained from Nova before any product is returned.
NOVA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOVA SHALL NOT BE LIABLE FOR ANY OTHER LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, LIQUIDATED DAMAGES AND BACK CHARGES. PURCHASER ACKNOWLEDGES THAT NO REPRESENTATIVE OF NOVA OR OF ITS AFFILIATES IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF NOVAOR ANY OF ITS AFFILIATES THAT IS NOT IN THIS WARRANTY OR IN A STATEMENT OF WORK EXPRESSLY AMENDING NOVA’S WARRANTY IN WRITING.
The forgoing states the Purchasers sole remedy for any breach of warranty by Nova.
Qual Electronics Corporation d/b/a
Nova Engineering, Inc.
525 Violet Street
Golden, CO 80401