Poultry Management Systems, Inc. (“PMSI”) warrants to original purchaser (“Buyer”) for a period of one year from delivery of the goods that (a) all goods manufactured solely by PMSI (“Products”) will be free from defects in material or workmanship under normal and intended use and service; and (b) any software developed and provided by PMSI to Buyer within the Products will substantially conform to the functional specifications, if any, specified in PMSI’s proposal. The Products shall not be defective to the extent that (i) they conform with the functional specifications for or a sample of Products that have been approved by Buyer; (ii) they conform with Products, testing results, dimensional layouts or manufacturing methods that have been submitted and approved by Buyer; (iii) they are damaged due to the method or length of storage, negligence, misuse or alteration by Buyer, including, without limitation, any change by Buyer or any party other than PMSI to the software delivered with the Products; or (iv) to the extent they conform to the specifications as changed or waived if Buyer’s representative agrees, either orally or in writing, to the change in or waiver of the specifications for any Product.

In the event of a defect in any Products constituting a breach of the warranty provided herein, PMSI will at its option either (i) repair or replace such Product free of charge (F.O.B. PMSI’s plant), or (ii) in lieu of repair or replacement, refund to Buyer the original purchase price less the reasonable value of Buyer’s use of the Products. PMSI will not pay for any of Buyer’s labor costs or charges for correcting defects or making additions nor will PMSI accept any returned Products for credit unless the correction or return is authorized in advance by PMSI in writing. PMSI shall furnish to Buyer instructions for the disposition of the defective Products. PMSI shall have the option of requiring the return of the defective Products, transportation prepaid, and proof that the Products were not used, installed or altered or subject to misuse or abuse to establish the claim. No Products shall be returned to PMSI without its prior consent. The acceptance of any Products returned to PMSI shall not be deemed an admission that the Products are defective or in breach of any warranty, and if PMSI determines that the Products are not defective they may be returned to Buyer at Buyer’s expense. This warranty sets forth Buyer’s sole and exclusive remedies for any defect in the goods. The rights and obligation under this warranty may not be assigned or delegated to a third party by Buyer without the prior written permission of PMSI. Neither Buyer nor any other person may modify or expand the warranty provided herein, waive any of the limitations, or make any different or additional warranties with respect to the Products. Any statements to the contrary are hereby rendered null and void unless expressly agreed to in writing by an authorized officer of PMSI.

EXCEPT AS STATED IN ABOVE, PMSI DOES NOT MAKE ANY WARRANTY AS TO THE PRODUCTS OR SOFTWARE AND, IN PARTICULAR, DOES NOT MAKE ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND BUYER IS SOLELY RESPONSIBLE FOR DETERMINING THE PROPER APPLICATION AND USE OF THE PRODUCTS.

PMSI makes no representation or warranty regarding of its Products being used to alert Buyer of a failure or error in any production or other process or otherwise to use any of the Products as an alarm system. In the event Buyer is concerned about the health or safety of an animal, a separate alarm, safety, or back-up system should be purchased and installed by the Buyer. Further, PMSI makes no representation or warranty regarding the security of its software and nothing in the Products or the software should be construed as preventing the possibility of being altered by a third party. Regarding any goods or software not manufactured or developed by PMSI, PMSI makes no warranties for these goods or software. PMSI shall assign to Buyer any warranty for such goods or software extended to PMSI by the actual manufacturing of the goods or developer of the software and Buyer shall look solely to such warranty in the event of a claim or action relating to such goods or software.

PMSI SHALL NOT HAVE ANY TORT LIABILITY TO BUYER OR ANY OTHER PERSON WITH RESPECT TO ANY OF THE PRODUCTS OR SOFTWARE AND SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES ARISING FROM ANY PRODUCT DEFECT, DELAY, NONDELIVERY, RECALL OR OTHER BREACH. BUYER SHALL NOT HAVE ANY RIGHT OF REJECTION OR OF REVOCATION OF ACCEPTANCE OF THE PRODUCTS.

Poultry Management Systems, Inc.
6425 W. Grand River Ave. · Saranac, MI 48881
Phone: (616) 642-9050 · Fax: (616) 642-9826
www.pmsi.cc · info@pmsi.cc