The Keltron Corporation ("Keltron") warrants all products against defects in workmanship, materials, and construction under normal use and service for a period of ONE YEAR, except radio transceivers units, which carry a 36-MONTH warranty, from the date of shipment. Keltron’s responsibility under this warranty is limited to the repair or replacement of defective parts that are returned to the factory, freight prepaid. Repaired parts are returned to the buyer from the factory, freight prepaid.
This warranty does not extend to any of our products that in our opinion have been subjected to misuse, neglect, accident, improper installation, or misapplication. The warranty does not extend to products that have been repaired or altered outside our factory without our prior written approval. Furthermore, and more specifically as it relates to software, if third-party software is installed on computers running Keltron software, or if software applications or system configurations which prevent Keltron access to support the installed Keltron system, then the warranty is void.
Except as provided above, Keltron makes no warranty of any kind, express or implied, except that the goods sold under this agreement shall be of the standard quality of Keltron, and the buyer assumes all risk and liability resulting from the use of the goods. Keltron neither assumes nor authorizes any person to assume for Keltron any other liability in connection with the sale or use of the goods sold, and there are no oral or written agreements or warranties collateral to or affecting this agreement. Further, Keltron Corporation shall not be liable for negligence or any special, incidental, punitive, indirect or consequential damages whether or not resulting from any breach of warranty.
Either Keltron or the buyer may demand that any dispute between Keltron and buyer involving Keltron must be settled by arbitration using the procedures of the American Arbitration Association in Boston, Massachusetts, provided that the foregoing shall not prevent Keltron from seeking injunctive relief in a court of competent jurisdiction. As a condition of this transaction, buyer and Keltron both waive the right to a trial by jury or to participate in a class action. Buyer and Keltron agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff in a class action, and that the arbitrator may not consolidate more than one entity’s claims or otherwise preside over any form of class action.
This warranty shall be governed by the laws of the Commonwealth of Massachusetts, and the exclusive venue for any litigation will be the state or federal courts located in Massachusetts.