Nanometrics Inc. Warranty Statement
Nanometrics Inc. (“Nanometrics”) warrants that products manufactured by Nanometrics will be free from material defects in material and workmanship and will operate, under use and service as advertised, for 1 year from purchase by the end user, substantially in conformance with their specifications. Nanometrics will also pass through the benefit, if any, of the warranty of other manufacturer-produced equipment if the equipment is sold as part of a Nanometrics system (collectively, the “Nanometrics Warranty”). The Nanometrics Warranty is offered to the original end user and is not assignable or transferable. Nanometrics may update or change this Nanometrics Warranty from time to time in Nanometrics’ sole discretion, so please check https://www.nanometrics.ca/about-us/warranty-statement frequently for changes to this Nanometrics Warranty.
As the sole remedy under the Nanometrics Warranty, Nanometrics will repair or replace, at its sole discretion, without charge to the original end user any Nanometrics product which fails to meet the Nanometrics Warranty.
Notwithstanding the generality of the foregoing, the Nanometrics Warranty does not cover:
- any option or accessory not furnished by Nanometrics, or any damage, loss, malfunctioning, failure, or wear and tear caused by or to such options or accessories;
- damage, loss, malfunctioning, failure, or wear and tear caused by or to, associated with, arising out of, or in connection with: (i) improper operation, testing, repair, modification, alteration, adjustment, installation, or maintenance by anyone other than Nanometrics and its authorized representatives; (ii) consumables, single-use components, or other components of the Nanometrics product that are designed or intended to be serviced or subject to a limited lifespan, including but not limited to O-rings, batteries, and sacrificial anodes; (iii) the environment or any other exposure of the Nanometrics product to any other substance or conditions, including but not limited to erosion, corrosion, rusting, salt exposure, and biofouling; (iv) accident, negligence, or neglect; (v) acts of God or other events outside of Nanometrics’ control, including but not limited to flooding, lightning strikes, volcanic activity, or earthquakes; or
- any costs, fees, or labor associated with, arising out of, or in connection with any removal, retrieval, re-deployment, or reinstallation of the Nanometrics product.
THIS WARRANTY IS PROVIDED BY NANOMETRICS IN LIEU OF ALL OTHER WARRANTIES, AND REPRESENTATIONS EITHER EXPRESSED OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NANOMETRICS DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH ITS PRODUCTS. NANOMETRICS PRODUCTS ARE NOT FAULT-TOLERANT AND NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS LICENSED PROGRAM FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NANOMETRICS DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE ERROR-FREE. END USERS ASSUME THE ENTIRE RISK OF THE RESULTS, OPERATION, USE, AND PERFORMANCE OF THE PRODUCTS. NANOMETRICS SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF NANOMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.