Dynamic Monitors (DM) warrants this Pask Permeameter and/or Pask Permeameter Kit against defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase by the original purchaser (“warranty period”). If a defect arises and a valid claim is received within the warranty period, at its option, DM will either (1) repair the defect at no charge, or (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is functionally equivalent to the original product, or (3) refund the purchase price of the product. Unless otherwise agreed by DM, when an exchange or refund is given, the product for which the exchange or refund is provided must be returned (prepaid) to DM and becomes DM’s property. The original purchaser shall be responsible for any shipping costs to return defective products, and for shipping of any replacement parts or products being provided under a warranty claim.

Any customer who believes they have a valid warranty claim must first contact DM before returning product. If DM approves that the product may be returned for inspection for a potential warranty claim, then a Returned Material Authorization (RMA) number and related instructions will be issued to the customer. Important! Do not ship any products back to DM without a valid RMA number otherwise your shipment will not be accepted. Customer is responsible for shipping and any Canada customs duties or fees associated with returning product to DM whether approved or not approved with a valid RMA number.

This warranty does not apply: (a) to damage caused by accident, abuse, misuse, or other external causes; (b) to damage caused by operating the product outside the permitted or intended uses described by DM; (c) to damage caused by service performed by anyone who is not a representative of DM (d) to a product or part that has been modified to alter functionality or capability without the written permission of DM.

To the extent permitted by law, this warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, statutory, express or implied. As permitted by applicable law, DM specifically disclaims any and all statutory or implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose and warranties against hidden or latent defects. If DM cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express warranty and to repair or replacement service as determined by DM in its sole discretion. No DM reseller, agent, or employee is authorized to make any modification, extension or addition to this warranty.

Except as provided in this warranty and to the extent permitted by law, DM is not responsible for direct, special, incidental or consequential damages or business losses resulting from any breach of warranty or condition, failure of the end-user to maintain the integrity of the Pask Permeameter seals, failure of the end user to properly assess the soil or incorrect interpretation of permeameter results, or failure to calculate the permeability (Kfs) of the soil properly.

The Kfs “Quick Field Reference tables” are provided by DM as a convenience to customers and for general information purposes only. DM expressly disclaims any liability resulting from the use or reliance on the Quick Field Reference tables or from failure of the user to read the entire User Guide, or from failure to properly calculate Kfs from first principles using the formulas published by Elrick and Reynolds.

This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state or province to province.