GE Industrial Solutions BDCBB H569-445 User Manual

Page 38

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Secondary DC Power Distribution Bay H569-445

Issue 3 June 2012

38

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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