RadonAway warrants to Customer only that Equipment is in good working condition upon shipment to Customer.
RADONAWAY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT OTHER THAN AS PROVIDED HEREIN AND RADONAWAY SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS PURCHASING THE EQUIPMENT FROM RADONAWAY ON AN “AS IS” BASIS. However, to the extent that the Equipment is still subject to the RadonAway’s standard limited one year warranty which covers defective parts or workmanship, and to the extent said limited warranty is assignable, RadonAway assigns to Customer all of its rights and remedies under that warranty or warranties.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event will RadonAway be liable for any special, incidental, or consequential damages based on breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Damages that RadonAway will not be responsible for include, but are not limited to, loss of profits; loss of savings or revenue; loss of use of the Equipment or any associated equipment; cost of capital; cost of any substitute equipment, facilities, or services; downtime; the claims of third parties including customers; and injury to property or person.
Any action for breach of the foregoing limited warranty must be commenced within twelve (12) months following delivery of the Equipment to Customer.