All Products shall be operational upon shipment. Once the Products have been embedded into any device and /or system, the user assumes full responsibility for the continued operation of the Products and no warranty shall apply. All Products are intended for use only by persons familiar with environmental monitoring, chemical handling and embedded electrical engineering techniques. Atlas is not responsible for misuse of its products in conjunction with unsafe or improperly maintained equipment or for uses other than intended environmental monitoring. The Products are warranted to be free from defects in material and workmanship. ATLAS EXPRESSLY EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Atlas shall not be liable for any special, consequential, exemplary, incidental, punitive, or indirect damages, losses or expenses of any kind whatsoever directly or indirectly arising from the sale, handling or use of the Products, or from any other cause relating thereto. Atlas liability hereunder in any case is expressly limited to the replacement (in the form originally shipped) of Products not complying with this Agreement or, at Atlas’ election, to the repayment of, or crediting Distributor or customer with, an amount equal to the purchase price of such Products, whether such claims are for breach of warranty, negligence or otherwise. Any claim by Distributor with reference to the Products sold hereunder for any cause shall be deemed waived by Distributor, and/or its customer, unless submitted to Atlas in writing within (30) days from the earlier of the date of discovery, or the date when discovery should have occurred, of any claimed breach. Warranties provided herein, shall not, in any event extend beyond one (1) year following the date of purchase from Atlas.
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