GE Industrial Solutions Galaxy Pulsar Edge User Manual

Page 136

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Galaxy Pulsar Edge Power System Controller


Issue 3 October 2011

136

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.

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