Warranty

Price Book 3
|
Effective April 4, 2106
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800.847.1864
Warranties-10
Warranties
the original invoice number, and a written explanation
for the return must be included with the returned
Products in order for Company to inspect and approve
a credit for the return. Such credit will only be issued
if, after Company’s receipt and inspection of Products,
Company approves the return. Only those Products
which have been in Customer’s inventory no more than
180 days from the date of shipment by Company and
which are current, standard, non-obsolete, non-spe-
cially manufactured, unused, in their original condition
as at the time of sale by Company to Customer, and
are in their original packaging may be considered by
Company for return. In the event Company approves
a return, a credit will be made to Customer’s account
less freight, and a handling and reprocessing charge
of 35% of the net material value on the original
invoice. Products requiring reconditioning to return
the Products to a saleable condition may be credited
to Customer’s account less freight and a handling and
reprocessing charge of 50% of the net material value
and less 2% for the cash discount allowance on the
original invoice.
8. TECHNICAL INFORMATION AND ADVICE.
(a) All designs, data, and specications provided by
Company are proprietary and will not be disclosed or
reused by Customer without the prior written consent
of Company. (b) Company assumes no obligation or
liability for any advice given by Company, the results
obtained, or damages incurred, and all such advice is
given and accepted at Customer’s risk.
9. LIMITED WARRANTY. (a) Company’s Standard
Limited Warranty(ies) relating to Products or Services
are applicable to this Agreement. The limited warran-
ty(ies) are (i) attached to this Agreement; (ii) separately
identied in the specic Product Price Book; or (iii)
separately furnished by Company to Customer. (b)
(i) In the event that certain Product warranties are not
attached to this Agreement or separately furnished,
Company warrants only to Customer that Products
will be free from defects in material and workmanship
for a period of 12 months from the date of shipment
of the Products. Company’s sole obligation under
this warranty is limited to repairing or replacing, at its
option, the defective Products. (ii) The provisions of this
limited Product warranty do not apply to Products: (A)
used for the purposes for which they are not designed
or intended; (B) which have been repaired or altered
without Company’s prior written consent; (C) which
have been subjected to misuse, abuse, negligence,
or accident; (D) which have been improperly stored,
installed, maintained, or operated; (E) which have
been used in violation of written instructions provided
by Company to Customer; (F) which have subjected
to improper temperature, humidity, or other envi-
ronmental conditions; (G) which have been affected
by normal wear and tear; or (H) which, based on
Company’s examination, do not disclose to Company’s
satisfaction nonconformance to the warranty. (c)(i)
In the event that certain Service warranties are not
attached to this Agreement or separately furnished,
Company warrants only to Customer that the Services
will be free from defects in material and workmanship
for a period of 6 months from the date of completion
of the particular items of Service. Company’s sole
obligation under this warranty is limited to repairing or
reperformance, at its option, of the Service; provided
however, if repair or reperformance is either impractical
or impossible, the Company will refund to Customer
that portion of the price paid to the Company for the
defective item of Service. This warranty only applies
if the company is given written notice of the defect
or nonconformance by the Customer within 30 days
of discovery. (ii) The provisions of this limited Service
warranty does not apply to any defects or issues with
the design or performance of equipment or products
not manufactured by Company, nor does it apply to
any code compliance or permit requirements for the
assembly, installation, erection, or construction of any
goods.
(d) NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, ARE MADE WITH RESPECT TO THE
PRODUCTS OR SERVICES INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
(e) The following costs and expenses are not covered
by the provisions of these limited warranties: (i) labor
costs for the removal and reinstallation of Products or
other manufacturer’s products; (ii) shipping and freight
expenses required to return Products to Company;
(iii) normal maintenance; and (iv) economic losses.
In addition, the provisions of this warranty are not
applicable to anything other than defects in Company’s
material (products only) or workmanship.
10. CUSTOMER’S REMEDIES. THE CUSTOMER’S
EXCLUSIVE AND SOLE REMEDY ON ACCOUNT
OF, OR IN RESPECT OF, THE FURNISHING
OF PRODUCTS OR SERVICES THAT DO NOT
CONFORM TO THIS AGREEMENT WILL BE TO
(A) SECURE REPAIR OR REPLACEMENT OF THE
PRODUCTS; OR (B) SECURE REPAIR OR REPER-
FORMANCE OF THE SERVICES OR TO OBTAIN A
REFUND OF THE PRICE PAID FOR THE DEFECTIVE
SERVICE, ALL AT COMPANY’S OPTION. IN
NO EVENT WILL THE COMPANY’S MAXIMUM
LIABILITY EXCEED THE SELLING PRICE FOR THE
PRODUCTS OR ITEM OF SERVICE.