License agreement

Leuze electronic, Inc., a New Jersey corporation (“Manufacturer”), grants a limited warranty to purchaser (“Purchaser”) of its sensor products, subject to the conditions and limitations contained herein.

Manufacturer warrants its sensor products (“Products”) to be free from manufacturing defects at the time of purchase.

Manufacturer further warrants that its Products will not become defective as a result of a manufacturing defect during the two (2) year term of this limited warranty, starting from the date of the delivery of the Product, with the exception that a one (1) year warranty will be provided for all versions of area safety laser scanners due to their design.

Should any Product fail because of a manufacturing defect within the two (2) year warranty term (one (1) year warranty term for area safety laser scanners), Manufacturer’s liability shall be limited to the repair and/or replacement of the defective Product. Any and all other costs, including labor and shipping costs, shall be the responsibility of the Purchaser and not of Manufacturer.

Limitations

1) This limited warranty does not apply to the installation of Products.

2) This limited warranty does not apply to, and Manufacturer shall not be liable for, any defect caused by the installation, use, or misuse of a Product.

3) Provided that Purchaser has timely followed the procedures and requirements set forth in paragraph 6 below, Manufacturer, at its sole discretion, may either replace the defective Product free of charge or repair the Product. If Manufacturer is unable to repair or replace a defective Product, Manufacturer will provide a similar substitute product. The term “unable to repair” is defined as a failure to make the Product operational after three attempts at repair. The remedies in this paragraph shall be Purchaser’s sole and exclusive remedies for defects in the Product, regardless of the nature of the alleged defect.

4) Any allegedly defective Product must be sent to Manufacturer’s facility for repair or replacement, and Purchaser is responsible for shipping costs and for any loss or damage incurred during shipment. If Purchaser requests “on-site” repairs or replacements at Purchaser’s facilities, Purchaser must submit a purchase order, subject to Manufacturer’s acceptance, and Purchaser will be responsible for Manufacturer’s service charge, plus transportation costs and traveling expenses.

5) Replaced or repaired defective Products will be covered by the warranty for the remaining period of the warranty for the original product.

6) This limited warranty shall not apply or be honored unless Purchaser first completes a Return Material Authorization (“RMA”) form, including providing a specific description of the alleged defect, and obtains an RMA number from the Manufacturer before returning the product for repair or replacement. In addition, Purchaser must return the product within thirty (30) days after Purchaser discovers the alleged defect.

7) This limited warranty will not be valid unless Purchaser has fully paid for the product.

8) This limited warranty shall be governed in all respects by the laws of the State of Michigan, without regard to conflict of laws principles, and regardless of the State of purchase or installation. For disputes arising from or relating to this warranty or the products, directly or indirectly, the parties consent to exclusive jurisdiction and venue in the state or federal courts sitting in the State of Michigan, and each waives all defenses of lack of personal jurisdiction and objections to venue.

THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES OF THE PURCHASER FOR THE ALLEGED FAILURE OF AND/OR DEFECT IN THE PRODUCTS. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE (EITHER EXPRESS OR IMPLIED) THAT EXTEND BEYOND THE FACE OF THIS LIMITED WARRANTY; MANUFACTURER EXPRESSLY DISCLAIMS ANY SUCH FURTHER WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DOWNTIME, OR DAMAGES TO ANY MACHINE, MATERIALS, OR ANY OTHER PRODUCTS, ALL OF WHICH ARE EXPRESSLY DISCLAIMED HEREBY TO THE FULLEST EXTENT PERMITTED BY LAW.

LEUZE ELECTRONIC, INC.
55395 Lyon Industrial Drive,
New Hudson, MI 48165
Phone No. (248) 486-4466
Fax No. (248) 486-6699