Warranty

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EXPRESS WARRANTY FOR HARDWARE. Leica Geosys-
tems AG (“Leica Geosystems”), warrants to the original end
user (“Customer”) that this Product will be free from defects in
workmanship and materials, under normal use, for generally
one (1) year, except for (i) DISTO™ products for which two (2)
years shall apply, and (ii) batteries for which ninety (90) days
shall apply, unless such warranty period has been extended
by Leica Geosystems, and provided any and all operating and
maintenance instructions are strictly respected, in particular in
case of extreme and/or continuous applications/use of the
Product. The warranty period begins on the proved purchase
date (or if applicable, date of delivery or date of acceptance
report). Leica Geosystems’ sole obligation under this express
warranty shall be, at Leica Geosystems’ sole option and ex-
pense, to replace or repair the Product or part, or refund the
purchase price paid for the Product. Leica Geosystems war-
rants any repaired or replaced Product or part for a period of
ninety (90) days from shipment, or through the end of the
original warranty, whichever is longer. All Products or parts
that are replaced become the property of Leica Geosystems.
This express warranty does neither cover consumables, such
as reflectors, bulbs and fuses, nor third party products. This
Warranty shall be null and void in case of installation,
connection or use with the Product of any accessory other
than authorised original Leica Geosystems accessories.
EXPRESS WARRANTY FOR SOFTWARE. For “System
Software” (defined as operating software and/or firmware
necessary for switching on and running the Product), all provi-
sions contained in this International Limited Warranty shall
apply as for hardware. With respect to “Application Software”
(defined as pre-installed or loadable on-board software and/or
office or PC-based software for particular operations of the
Product and/or data), the warranty provisions contained herein
shall expressly not apply. For further information on the scope
of the warranty coverage for Application Software please refer
to the correspondent Software License Agreement.
OBTAINING WARRANTY SERVICE. Customer must contact
the authorized distributor of Leica Geosystems or, with the
exception of DISTO™ products, Leica Geosystems’ Service
Center indicated by Leica Geosystems within the applicable
warranty period to obtain warranty service authorization. Dated
proof of original purchase from Leica Geosystems or its
authorized distributor and a description of the defect will be
required. Leica Geosystems is not responsible for Products or
parts received without a warranty service authorization.
Repaired or replacement Products will be shipped to Customer
at Leica Geosystems’ expense. The repaired product or part
will be shipped as soon as reasonably possible. Leica Geo-
systems shall not be responsible for any damages occurring
during such shipment. Leica Geosystems shall, at its sole
discretion, decide on the place of performance for work under
warranty. For Products forming part of a fixed installation, such
place of performance shall be the site of such installation and
Leica Geosystems shall have the right to charge for additional
costs for such services under warranty if the site of the Prod-
uct is other than where the Product was originally installed or
shipped.
WARRANTY EXCLUSIVE. Customer’s sole remedy for
breach of the warranty shall be the express warranty. The
foregoing warranty is exclusive and is in lieu of all other war-
ranties, terms or conditions, express or implied, either in fact
or by operation of law, statutory or otherwise, including war-
ranties, terms or conditions of merchantability, fitness for a
particular purpose, satisfactory quality and non-infringement,
any warranties arising by usage of trade, course of dealing or
course of performance, any warranty that the Software is
compatible with any particular hardware or software, that the
Software will run properly on Customer’s equipment and will
not cause damage to Customer’s equipment or data, and any
warranty that the operation of the Software will be
uninterrupted or “error free”, all of which are expressly
disclaimed.
Leica Geosystems shall not be liable if the alleged defect or
malfunction was caused by Customer’s or any other person’s
misuse, neglect, improper installation, installation, connection
or use with the Product of any accessory other than authorised
original Leica Geosystems accessories, unauthorised attempts
to open, repair or modify the Product, inadequate mainte-
nance, disregard of operating instructions, excessive load or
stress, normal wear and tear, or any other cause beyond the
range of its intended use, by accident, fire, or other hazards, or
other cause not due or attributable to Leica Geosystems. This
warranty does not cover physical damage to the Product or
malfunctions resulting from the use of the Product in con-
junction with any sort of ancillary or peripheral equipment and
Leica Geosystems determines that there is no fault with the
Product itself.
LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED
BY APPLICABLE LAW, LEICA GEOSYSTEMS ALSO
EXCLUDES ANY LIABILITY, WHETHER BASED IN CON-
TRACT OR TORT (INCLUDING SLIGHT AND MEDIUM
NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY
KIND, OR COSTS OF PROCUREMENT OF SUBSTITUTE
PRODUCTS BY CUSTOMER, OR FOR THE LOSS OF
REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF
INFORMATION OR DATA, OR OTHER INFORMATION OR
FINANCIAL LOSS ARISING OUT OF OR IN CONSEQUENCE
WITH THE SALE, INSTALLATION, MAINTENANCE, USE,
PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS
PRODUCT, EVEN IF LEICA GEOSYSTEMS OR ITS
DISTRIBUTORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS
LIABILITY TO REPLACEMENT, REPAIR, OR REFUND OF
THE PURCHASE PRICE PAID, AT LEICA GEOSYSTEMS’
OPTION. THIS LIMITATION OF LIABILITY FOR DAMAGES
WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED
HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS
LIMITATION MAY NOT APPLY. IN THE EVENT THAT
APPLICABLE LAW DOES NOT ALLOW THE COMPLETE
EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS
AND DAMAGES AS SET HEREINBEFORE, LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY
APPLICABLE LAW. ALSO THE LIABILITY FOR AUXILIARY
PERSONNEL SHALL TO THE EXTENT PERMITTED BY
APPLICABLE LAW BE EXCLUDED.
DISCLAIMER. Should a court of jurisdiction not allow the
entire exclusion or limitation of implied warranties or the limita-
tion of incidental or consequential damages for certain