GE Industrial Solutions GE ZENITH SERIES MDU - Manual (Page 47)

Warranty, Maintenance and Terms
GE Z ENITH C ONTROLS
MDU Owner’s Manual
601 S HILOH R OAD January 2013
Plano, TX 75074 Page 47
9.4. Warranty Agreement
Serial #: Model #:
Equipment Location Address:
(_____)_
Contact Name:
Seller warrants to Buyer that, unless otherwise stated by the Seller, any products or services furnished
hereunder will be free from defects in material, workmanship and title, under normal use and services and
quality specified in Seller’s quotation. This warranty shall apply to failure to meet said warranties (excluding
any defects in title) which appear within twelve (12) months from date of startup or eighteen (18) months
from the date of shipment, whichever occurs first.
The conditions of any tests shall be mutually agreed upon and Seller shall be notified of, and may be
represented at, all tests that may be made. The warranties and remedies set forth herein are conditioned
upon (a) proper transportation, handling, storage, installation, commissioning, operation, use and
maintenance, and conformance with any applicable recommendations of Seller and any applicable laws,
regulations or codes (b) Buyer promptly notifying Seller of any defects and, if required, promptly making the
product available for correction. This warranty shall not apply (a) if Customer or any other unauthorized
person has made any modifications, alterations, or repairs to the Product not authorized by Seller, including
Customer’s use of parts in conjunction with the Product not admitted or delivered by Seller, (b) to a Product
with removed or altered serial numbers, (c) to a Product damaged by acts of God, sources external to the
Product, misuse, accident, abuse, neglect, negligence, or use beyond rated capacity, and (d) if GE authorized
field service technician does not commission the Product.
If any product or service fails to meet the foregoing warranties (except title), Seller shall thereupon correct
any such failure either, at Seller’s option, (i) by repairing any defective or damaged part or parts of the
products, and/or re-performing any defective service, or (ii) making available any necessary repaired or
replacement parts or necessary service which will be performed during normal working hours on a straight
time basis. Repaired or replaced products will be returned FCA (INCOTERMS 2000) the Seller’s plant or other
mutually agreed upon point of shipment. If re-performance is not practicable, Seller will furnish without
charge services in an amount essentially equal to those that, in the sole judgment of Seller, would have
been required for re-performance. Where a failure cannot be corrected by Seller’s reasonable efforts, the
parties will negotiate an equitable adjustment in price.
This Paragraph sets forth the exclusive remedies for claim (except title) based on defect, failure or
nonconformity of the products or services supplied, whether claim is in contract or tort (including
negligence) or otherwise and however instituted. Upon the expiration of this warranty, all such liability shall
terminate. Except as set forth in “Patents” the foregoing warranties are exclusive and in lieu of all other
warranties or conditions whether written, oral, implied or statutory. No implied or statutory warranties or
conditions of merchantability or fitness for particular purpose shall apply. Seller does not warrant any
products or services of others, which Buyer has designated.
This agreement shall be effective from ______________to _______________.