Warranty – Siemens IGWIPS200-1 User Manual

Page 36

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IGWiPS200-1

WARRANTY

(a) Seller warrants that on the date of shipment the goods are of the kind and quality described herein and are free of
non-conformities in workmanship and material. This warranty does not apply to goods delivered by Seller but
manufactured by others.

(b) Buyer's exclusive remedy for a nonconformity in any item of the goods shall be the repair or the replacement (at
Seller's option) of the item and any affected part of the goods. Seller’s obligation to repair or replace shall be in
effect for a period of one (1) year from initial operation of the goods but not more than eighteen (18) months from
Seller’s shipment of the goods, provided Buyer has sent written notice within that period of time to Seller that the
goods do not conform to the above warranty. Repaired and replacement parts shall be warranted for the remainder
of the original period of notification set forth above, but in no event less than 12 months from repair or replacement.
At its expense, Buyer shall remove and ship to Seller any such nonconforming items and shall reinstall the repaired
or replaced parts. Buyer shall grant Seller access to the goods at all reasonable times in order for Seller to determine
any nonconformity in the goods. Seller shall have the right of disposal of items replaced by it. If Seller is unable or
unwilling to repair or replace, or if repair or replacement does not remedy the nonconformity, Seller and Buyer shall
negotiate an equitable adjustment in the contract price, which may include a full refund of the contract price for the
nonconforming goods.

(c) SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THAT
OF TITLE. SPECIFICALLY, IT DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.

(d) Buyer and successors of Buyer are limited to the remedies specified in this article and shall have no others for a
nonconformity in the goods. Buyer agrees that these remedies provide Buyer and its successors with a minimum
adequate remedy and are their exclusive remedies, whether Buyer's or its successors’ remedies are based on
contract, warranty, tort (including negligence), strict liability, indemnity, or any other legal theory, and whether
arising out of warranties, representations, instructions, installations, or non-conformities from any cause.

(e) Note: The above does not apply to any software which may be furnished by Seller. In such cases, the attached
Software License Addendum applies.

















All product designations may be trademarks or product names of Siemens Energy & Automation, Inc. or other supplier companies whose use by
third parties for their own purposes could violate the rights of the owners.

Siemens Energy & Automation, Inc. assumes no liability for errors or omissions in this document or for the application and use of information in
this document. The information herein is subject to change without notice.

Procedures in this document have been reviewed for compliance with applicable approval agency requirements and are considered sound
practice. Neither Siemens Energy & Automation, Inc. nor these agencies are responsible for repairs made by the user.

May 2007

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