All products manufactured by EMI, INC. are warranted to be free from defects of workmanship and material for a period of one (1) year from date of delivery. If any product fails to meet this warranty EMI, INC. shall at its option, repair or replace at no charge any defective parts if a customer notifies us promptly and the equipment has not been altered or modified after shipment without specific factory authorization. If a failure can not be corrected by EMI, INC.'s reasonable efforts, the parties concerned shall negotiate an equitable adjustment in price.

The preceding paragraph establishes the exclusive remedies for claims based on failure of the products to meet EMI, INC.'s warranties and upon the expiration of the warranty all such liability shall terminate, THE WARRANTY CONTAINED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE.

In no event shall EMI, INC. be liable for any consequential damages. EMI, INC.'s liability on any claim of any kind (including negligence) for any loss or damage arising out of or resulting from this agreement, or from the performance or breach thereof, or from the products furnished hereunder, shall in no case exceed the price of the product which gives rise to the claim. To the extent that a purchaser transfers title or use of the products sold hereunder to any third party, the purchaser shall obtain from such third party a provision affording EMI, INC. and its suppliers the protection of the preceding sentence.