GE Industrial Solutions Millennium II Controller J85501P-1 - Manual (Page 114)

Basic Installation and User’s Guide for the Millennium II Controller
Issue 3 January 2008 114
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.