Warranties

1. WARRANTIES AND LIMITATIONS:

 A. LWS warrants that all Products will be free from defects in material and workmanship under normal use for a period of two years from the date of shipment to the customer, except that LWS does not warrant that the operation of any Software will be completely uninterrupted or error-free or that all program errors will be corrected. The customer will be responsible for determining that the Product is suitable for the customer’s use and that such use complies with any applicable local, state, or federal law. Provided that the customer notifies LWS in writing of any claimed defect in the Product immediately upon discovery and any such Product is returned to the original shipping point, transportation charges prepaid within two years from the date of shipment to customer, and upon examination, LWS determines to its satisfaction that such Product is defective in material or workmanship, i.e., contains a defect arising out of the manufacture of the Product and not a defect caused by other circumstances, including, but not limited to accident, misuse, unforeseeable use, neglect, alteration, improper installation, improper adjustment, improper repair, or improper testing, LWS will, at its option, repair or replace the Product, shipment to customer prepaid. LWS will have reasonable time to make such repairs or to replace such Product. Any repair or replacement of the Product will not extend the period of warranty. If the Product is modified or in any way altered without the explicit written consent of LWS then the warranty is null and void. Except for the specific Products noted below, this warranty is limited to a period of two years, without regard to whether any claimed defects were discoverable or latent on the date of shipment. The length of warranty for pumps in handheld particle counters is one (1) year from the date of shipment. Batteries and accessories with all Products are warranted for (1) year from the date of shipment. Fuses and purge filters carry no warranty. 

 If a third-party battery is used in the Product, the foregoing warranty is null and void. If the battery is charged by a third-party battery charger the battery warranty is null and void. 

 B. If customer fails to pay when due any portion of the purchase price or any other payment required from Customer to LWS, all warranties and remedies granted under this Section 10 may, at LWS’s option, be terminated. 

 C. LWS warrants that all installation services shall be performed in a professional and workmanlike manner. 

 D. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, AND COVENANTS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND ANY DEFECTS THEREIN OF ANY NATURE WHATEVER, INCLUDING AND WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LWS WILL NOT BE LIABLE FOR, AND THE CUSTOMER ASSUMES ALL RISK OF, ANY ADVICE OR FAILURE TO PROVIDE ADVICE BY LWS TO THE CUSTOMER REGARDING THE PRODUCTS OR THE CUSTOMER’S USE OF THE SAME. UNDER NO CIRCUMSTANCES WILL LWS BE LIABLE TO THE CUSTOMER UNDER ANY TORT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY CLAIM, AND THE CUSTOMER AGREES TO WAIVE SUCH CLAIMS. LWS’S SOLE AND EXCLUSIVE LIABILITY AND CUSTOMERS SOLE AND EXCLUSIVE REMEDY, FOR ANY NONCONFORMITY OR DEFECT IN THE PRODUCTS OR ANYTHING DONE IN CONNECTION WITH THE SALE OF PRODUCTS, IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, WILL BE AS OUTLINED IN SUBSECTION 10A HEREOF AS LIMITED BY SUBSECTION 10B HEREOF. THIS EXCLUSIVE REMEDY WILL NOT HAVE FAILED FOR ITS ESSENTIAL PURPOSE (AS THAT TERM IS USED IN THE UNIFORM COMMERCIAL CODE) PROVIDED THAT LWS REMAINS WILLING TO REPAIR OR REPLACE DEFECTIVE PRODUCT (AS DEFINED IN SUBSECTION 10A) WITHIN A COMMERCIALLY REASONABLE TIME AFTER RECEIVING SUCH PRODUCT. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT LWS’S PRICE FOR THE PRODUCT IS BASED UPON THE LIMITATIONS OF LWS’S LIABILITY AS SET FORTH HEREIN. 

2. WARRANTY OF REPAIRS AFTER INITIAL TWO (2) YEAR WARRANTY: Upon expiration of the initial two-year warranty, all parts and repairs completed by an authorized LWS repair technician are subject to a six (6) month warranty. Other than the above, LWS makes no warranty, expressed or implied. The customer assumes all risk and liability resulting from using the Products, whether used singly or combined with other Products.

 WARRANTY REPAIRS WILL BE COMPLETED AT THE FACTORY, BY AN AUTHORIZED SERVICE LOCATION, BY AN AUTHORIZED SERVICE TECHNICIAN, OR ON-SITE AT THE CUSTOMER’S FACILITY BY A LWS-AUTHORIZED EMPLOYEE. CUSTOMER PAYS FREIGHT TO THE FACTORY; LWS WILL PAY STANDARD RETURN FREIGHT DURING THE WARRANTY PERIOD. CUSTOMERS MAY SELECT A FASTER METHOD OF SHIPMENT AT THEIR OWN EXPENSE.