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STATEMENT OF WARRANTY
Wayne warrants that its manufactured goods and services will be free from defect in materials and workmanship during the warranty period. Any equipment warranty claim must originate with a service request from Customer directly to Wayne Help Desk within the warranty coverage period and be substantiated by Wayne. Service Requests must be submitted as required by Wayne. Wayne will provide the accepted service request process to Customer upon equipment commissioning. Upon Customer's submission of a substantiated request as provided above, Wayne shall, at its option (i) either repair or replace its non-conforming goods, or re-perform the services or (ii) refund an equitable portion of the purchase price attributable to such non-conforming goods. Wayne shall not be liable for the cost of any unauthorized warranty work. Wayne makes no representation regarding the stocking by Wayne of spare parts for the goods. Repair or replacement of goods or refund of an equitable portion of the purchase price shall be Wayne's only obligation and the sole exclusive remedy of the Customer in the event of a failure to conform to the foregoing warranty.
All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is put into use. Wayne does not warrant any software under this agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchases and use.
THE FOREGOING WARRANTY IS EXCLUSIVE and in lieu of all other warranties (except that of title), express or implied, including, but not limited to the implied warranties of merchantability or fitness for a particular purpose. Customer's failure to submit a claim as provided above shall specifically waive all claims for damages or other relief including but not limited to claims based on latent defects.
IN NO EVENT WILL WAYNE BE LIABLE IN CONTRACT, IN TORT, IN STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR REVENUES, LOSS OF USE, NON-OPERATION OR INCREASED EXPENSE OF OPERATION OF EQUIPMENT, COST OF CAPITAL, OR CLAIMS OF CUSTOMERS OF CUSTOMER FOR FAILURE OR DELAY IN ACHIEVING ANTICIPATED PROFITS OR PRODUCTS.