END USER PRODUCT WARRANTY
Diversified Technical Systems, Inc. (“DTS”) warrants its product(s) against defects in materials and workmanship under normal use and proper maintenance for a period of one (1) year from the date of delivery. The warranty will not apply to defects or damage resulting from improper or inadequate maintenance by the Buyer, unauthorized modification or misuse of product(s), operation outside of the environmental specification for the product(s), and/or improper site preparation and maintenance. The limited warranty shall at all times be construed under, and in accordance with the laws of the State of California.
During the warranty period, DTS will, at its option, either repair or replace any product(s) that prove to be defective. DTS and Buyer’s exclusive remedy is limited to such repair or replacement and will be conditioned upon DTS receiving written notice of alleged defect no later than ten days after its discovery within the warranty period and, at DTS’s option, the return of such product(s). DTS reserves the right to satisfy its warranty obligation in full by reimbursing the Buyer for all payments made towards the purchase price upon return of the product(s). Shipping damage incurred at the time of requested return as a result of inadequate packaging is the Buyer’s responsibility.
No Other Warranties
To the maximum extent permitted by applicable law, DTS disclaims all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the product or any of its component parts.
No Liability for Consequential Damages
In no event, shall DTS be liable for any damages whatsoever (including without limitation, special, incidental, consequential or indirect damages for personal injury, loss of business profits, business interruption, loss of test data, loss of business information or any other pecuniary loss) arising out of the use of, or inability to use, the product(s), even if DTS has been advised of the possibility of such damages. In any case, DTS’s entire liability under any provision of this Limited Warranty shall be limited to the amount actually paid by the Buyer for the product delivered.
Any action by Buyer alleging breach of warranty or any other cause of action against DTS shall be submitted to binding arbitration before the American Arbitration Association. The successful party in any such arbitration shall be entitled to recover its reasonable attorney fees.