GE Industrial Solutions Pulsar Plus Controller - Manual (Page 132)

Pulsar Plus Controller Family
Issue 7 December 2011 132
C. If, under normal and proper use during the applicable Warranty Period, a defect or nonconformity is
identified in a Product and Customer notifies Seller in writing of such defect or nonconformity
promptly after Customer discovers such defect or nonconformity, and follows Seller's instructions
regarding return of defective or nonconforming Products, Seller shall, at its option attempt first to
repair or replace such Product without charge at its facility or, if not feasible, provide a refund or
credit based on the original purchase price and installation charges if installed by Seller. Where Seller
has elected to repair a Seller’s Manufactured Product (other than Cable and Wire Products) which
has been installed by Seller and Seller ascertains that the Product is not readily returnable for repair,
Seller will repair the Product at Customer’s site.
With respect to Cable and Wire Products manufactured by Seller which Seller elects to repair but
which are not readily returnable for repair, whether or not installed by Seller, Seller at its option, may
repair the cable and Wire Products at Customer’s site.
D. If Seller has elected to repair or replace a defective Product, Customer shall have the option of
removing and reinstalling or having Seller remove and reinstall the defective or nonconforming
Product. The cost of the removal and the reinstallation shall be borne by Customer. With respect to
Cable and Wire Products, Customer has the further responsibility, at its expense, to make the Cable
and Wire Products accessible for repair or replacement and to restore the site. Products returned for
repair or replacement will be accepted by Seller only in accordance with its instructions and
procedures for such returns. The transportation expense associated with returning such Product to
Seller shall be borne by Customer. Seller shall pay the cost of transportation of the repaired or
replacing Product to the destination designated by Customer.
E. Except for batteries, the defective or nonconforming Products or parts which are replaced shall
become Seller's property. Customer shall be solely responsible for the disposition of any batteries.
F. If Seller determines that a Product for which warranty service is claimed is not defective or
nonconforming, Customer shall pay Seller all costs of handling, inspecting, testing, and transportation
and, if applicable, traveling and related expenses.
G. Seller makes no warranty with respect to defective conditions or nonconformities resulting from
actions of anyone other than Seller or its subcontractors, caused by any of the following:
modifications, misuse, neglect, accident, or abuse; improper wiring, repairing, splicing, alteration,
installation, storage, or maintenance; use in a manner not in accordance with Seller’s or Vendor’s
specifications or operating instructions, or failure of Customer to apply previously applicable Seller
modifications and corrections. In addition, Seller makes no warranty with respect to Products which
have had their serial numbers or month and year of manufacture removed, altered, or experimental
products or prototypes or with respect to expendable items, including, without limitation, fuses, light
bulbs, motor brushes, and the like. Seller’s warranty does not extend to any system into which the
Product is incorporated. This warranty applies to Customer only and may not be assigned or
extended by Customer to any of its customers or other users of the Product.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER EXPRESS AND IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY SHALL BE SELLER’S OBLIGATION
TO REPAIR, REPLACE, CREDIT, OR REFUND AS SET FORTH ABOVE IN THIS WARRANTY.