Warranties and Remedies

Goods Warranty

Byram warrants that goods shall be delivered free of defects in material and workmanship. The warranty remedy period for goods shall end twelve (12) months after installation or eighteen (18) months after date of shipment, whichever first occurs.

Goods Remedy

If a nonconformity to the foregoing warranty is discovered in the goods during the applicable warranty remedy period under normal and proper use, and provided the goods have been properly stored, installed, operated and maintained (Client to provide proper records), and written notice of such nonconformity is provided to Byram promptly after such discovery and within the applicable warranty remedy period. Byram shall, at its option, either (i) repair or replace the nonconforming portion of the goods, or (ii) refund the portion of the price applicable to the nonconforming portion of the goods.

Services Warranty

Byram warrants that services shall be performed in a good and workmanlike manner. The warranty remedy period for services shall end ninety (90) days after the date of completion of services.

Services Remedy

If a nonconformity to the foregoing warranty is discovered in the services during the applicable warranty remedy period, and written notice of such nonconformity is provided to Byram promptly after such discovery and within the applicable warranty remedy period, Byram shall, at its option, either (i) re-perform the nonconforming services or (ii) refund the portion of the price applicable to the nonconforming portion of the services.

Third Party Goods Warranty

Goods supplied by Byram but manufactured by others are warranted only to the extent of the manufacturer’s warranty.

Third Party Goods Remedy

Remedies, if any, are provided by the manufacturer.

Additional Warranties

Notwithstanding the foregoing, certain warranties may be provided under the System Maintenance Agreement and the Handheld Unit Maintenance Agreement, but any such warranties are subject to the terms thereof and do not apply to the goods and services warranted in this Section.

Warranty Returns

For warranty returns of Byram metering hardware, Client will pay freight to Byram point of manufacture. Byram will provide all freight charges for return of repaired or replaced items from its factory. After expiration of the warranty period, Client is responsible for payment of any support or maintenance agreements for computer hardware and/or third party software used in the system.

Exceptions

In no event shall Byram be responsible for gaining access to the goods, disassembly, reassembly or transportation of the goods or parts from or to the place of installation, all of which shall be at Client’s risk and expense.

Byram shall have no obligation hereunder with respect to any goods which:

• Have been improperly repaired or altered;
• Have been subjected to misuse, negligence or accident;
• Have been damaged due to forces of nature;
• Have been used in a manner contrary to Byram’s instructions; or
• are comprised of materials provided by or a design specified by Client

The foregoing warranties are exclusive and in lieu of all warranties of quality and performance whether written, oral or implied, and all other warranties including any implied warranties of merchantability or fitness for a particular purpose, non-infringement or usage of trade are hereby disclaimed. The remedies stated herein constitute client’s exclusive remedies and Byram’s entire liability for any breach of warranty.

Notwithstanding the foregoing, goods supplied by Byram but manufactured by others are warranted only to the extent of the manufacturer’s warranty, and only the remedies, if any, provided by the manufacturer will be allowed. Without limiting the generality of the foregoing, while Byram may incorporate a third party AMR/AMI communication module into the goods, Byram disclaims any and all warranties, express or implied, regarding the module and the operation of the combined module/meter, including the implied warranties of merchantability and fitness for a particular purpose, any warranties arising from the course of dealing or trade usage, and compliance of the module and the combined module/meter with the ANSI or FCC requirements. While Byram may act as a broker for the module manufacturer and may assist Client in obtaining the benefits of the module manufacturer’s warranties, any express or implied warranty regarding the module or the operation of the combined module/meter, to the extent any such warranty may exist, is provided solely by the module’s manufacturer.