9 product warranty – GE Industrial Solutions Millennium II Controller J85501P-1 User Manual

Page 113

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Basic Installation and User’s Guide for the Millennium II Controller

Issue 3 January 2008

113

9 Product Warranty

A. Seller warrants to Customer only, that:

1 As of the date title to Products passes, Seller will have the right to sell,

transfer, and assign such Products and the title conveyed by Seller shall be
good;

2 During the warranty period stated in Sub-Article B below, Seller’s

Manufactured Products (products manufactured by Seller), which have
been paid for by Customer, will conform to industry standards and Seller’s
specifications and shall be free from material defects;

3 With respect to Vendor items (items not manufactured by Seller), Seller

warrants that such Vendor items, which have been paid for by Customer,
will be free from material defects for a period of sixty (60) days
commencing from the date of shipment from Seller’s facility.

B. The Warranty Period listed below is applicable to Seller’s Manufactured Products

furnished pursuant to this Agreement, commencing from date of shipment from
Seller’s facility, unless otherwise agreed to in writing:

Warranty Period

Product Type

New Product

Repaired Product*

Central Office Power

Equipment**

24 Months

6 Months

* The Warranty Period for a repaired Product or part thereof is six (6) months or, the

remainder of the unexpired term of the new Product Warranty Period, whichever is
longer.

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.

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