Warranties

Publication 3218 6-21 -12
Assignment of Warranties:
ASCO assigns to User any warranties which are made by manufacturers and suppliers of components of, or accessories to, the
ASCO product and which are assignable, but ASCO makes NO REPRESENTATIONS as to the effectiveness or extent of such
warranties, assumes NO RESPONSIBILITY for any matters which may be warranted by such manufacturers or suppliers and
extends no coverage under this Warranty to such components or accessories.
Drawings, Descriptions:
ASCO warrants for the period and on the terms of the Warranty set forth herein that the ASCO product will conform to the
descriptions contained in the certified drawings, if any, applicable thereto, to ASCO's final invoices, and to applicable ASCO product
brochures and manuals current as of the date of product shipment (“Descriptions”). ASCO does not control the use of any ASCO
product. Accordingly, it is understood that the Descriptions are NOT WARRANTIES OF PERFORMANCE and NOT WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE.
Warranty Claims Procedure:
Within a reasonable time, but in no case to exceed thirty (30) days, after User's discovery of a defect, User shall contact
[e-mail], and request a return authorization number. ASCO products shipped to ASCO without a
return authorization number will be refused and returned freight collect to User at User's expense. ASCO products shipped by User
to ASCO which have incurred freight damage due to User's improper packaging of the product will not be covered by this Warranty
and any repairs or replacement parts, components or products needed will be invoiced in the full current price amount and returned
freight collect to User. Subject to the limitations specified herein, ASCO will repair or replace, at its option, without charge for
materials, subsequent to its inspection and F.O.B. ASCO's facility, the ASCO product shipped to ASCO with a return authorization
number and warranted hereunder which does not conform to this Warranty. If replacement parts, components or products are
shipped or caused to be shipped by ASCO prior to inspection of the product claimed to be defective, the replacement parts,
components or products shall be invoiced in the full current price amount and shipped freight collect F.O.B. ASCO's facility. If
ASCO’s inspection determines that the returned item(s) is covered by this warranty, User will be issued a credit in an amount equal
to the price previously invoiced. Warranty coverage will be provided only after ASCO's inspection discloses the claimed defect and
shows no signs of treatment or use which would void the coverage of this Warranty. All defective products and component parts
replaced under this warranty become the property of ASCO.
Warranty Performance of Component Manufacturers:
It is ASCO's practice, consistent with its desire to remedy Warranty defects in the most prompt and effective manner possible, to
cooperate with and utilize the services of component manufacturers and their authorized representatives in the performance of work
to correct defects in the product components. Accordingly, ASCO may utilize third parties in the performance of Warranty work,
including repair or replacement hereunder, where, in ASCO's opinion, such work can be performed in less time, with less expense,
or in closer proximity to the ASCO product.
Items Not Covered By Warranty:
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate
electrical current or connection, negligence, inappropriate on site operating conditions, repair by non-ASCO designated personnel,
accident in transit, tampering, alterations, a change in location or operating use, exposure to the elements, water, or other corrosive
liquids or gases, Acts of God, theft or installation contrary to ASCO's recommendations or specifications, or in any event if the
ASCO serial number has been altered, defaced, or removed.
THIS WARRANTY DOES NOT COVER shipping costs, installation costs, external circuit breaker resetting or maintenance or
service items and further, except as may be provided herein, does NOT include labor costs or transportation charges arising from
the replacement of the ASCO product or any part thereof or charges to remove or reinstall same at any premises of User.
REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF DOES NOT EXTEND THE ORIGINAL
WARRANTY PERIOD.
THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT FOR USE IN THE CONTROL AREA OR ANY REACTOR
CONNECTED OR SAFETY APPLICATIONS OR WITHIN THE CONTAINMENT AREA OF A NUCLEAR FACILITY OR FOR
INTEGRATION INTO MEDICAL DEVICES.
Limitations:
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE ASCO PRODUCT AS SET FORTH HEREIN.
IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION,
ASCO'S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET PRODUCT PURCHASE
PRICE.
IN NO EVENT SHALL ASCO ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS