Fluid Components International FLT Series Rack Mount - Manual (Page 22)

Doc. No. 06EN003250 Rev. N/C C - 5 FLT  Series FlexSwitch  Rack Mount
APPENDIX C - CUSTOMER SERVICE FLUID COMPONENTS INTL
Document 3. Warranties
Warranties
Goods furnished by the Seller are to be within the limits and of the sizes published by the Seller and
subject to the Seller’s standard tolerances for variations. All items made by the Seller are inspected before
shipment, and should any of said items prove defective due to faults in manufacture or performance under
Seller approved applications, or fail to meet the written specifications accepted by the Seller, they will be
replaced or repaired by Seller at no charge to Buyer provided return or notice of rejection of such material
is made within a reasonable period but in no event longer than three (3) years for non-calibration defects
and one (1) year for calibration defects from date of shipment to Buyer, and provided further, that an
examination by Seller discloses to Seller’s reasonable satisfaction that the defect is covered by this
warranty and that the Buyer has not returned the equipment in a damaged condition due to Buyer’s or
Buyer’s employees’, agents’, or representatives’ negligence and Buyer has not tampered, modified,
redesigned, misapplied, abused, or misused the goods as to cause the goods to fail. In addition, this
warranty shall not cover damage caused by Buyer’s exposure of the goods to corrosive or abrasive
environments. Moreover, Seller shall in no event be responsible for (1) the cost or repair of any work done
by Buyer on material furnished hereunder (unless specifically authorized in writing in each instance by
Seller), (2) the cost or repair of any modifications added by a Distributor or a third party, (3) any
consequential or incidental damages, losses, or expenses in connection with or by reason of the use of or
inability to use goods purchased for any purpose, and Seller’s liability shall be specifically limited to free
replacement, or refund of the purchase price, at Seller’s option, provided return or rejection of the goods is
made consistent with this paragraph, and the Seller shall in no event be liable for transportation,
installation, adjustment, loss of good will or profits, or other expenses which may arise in connection with
such returned goods, or (4) the design of products or their suitability for the purpose for which they are
intended or used. Should the Buyer receive defective goods as defined by this paragraph, the Buyer shall
notify the Seller immediately, stating full particulars in support of his claim, and should the Seller agree to
a return of the goods, the Buyer shall follow Seller’s packaging and transportation directions explicitly. In
no case are the goods to be returned without first obtaining a return authorization from the Seller. Any
repair or replacement shall be at Seller’s factory, unless otherwise directed, and shall be returned to Seller
transportation prepaid by Buyer. If the returned goods shall prove defective under this clause they will be
replaced or repaired by Seller at no charge to Buyer provided the return or rejection of such material is
made within a reasonable period, but in no event longer than (1) year from the date of shipment of the
returned goods or the unexpired terms of the original warranty period whichever is later. If the goods prove
to be defective under this paragraph, the Buyer shall remove the goods immediately from the process and
prepare the goods for shipment to Seller. Continued use or operation of defective goods is not warranted
by Seller and damage occurring due to continued use or operation shall be for Buyer’s account. Any
description of the goods contained in this offer is for the sole purpose of identifying them, and any such
description is not part of the basis of the bargain, and does not constitute a warranty that the goods will
conform to that description. The use of any sample or model in connection with this offer is for illustrative
purposes only, is not part of the basis of the bargain, and is not to be construed as a warranty that the goods
will conform to the sample or model. No affirmation of that fact or promise made by the Seller, whether or
not in this offer, will constitute a warranty that the goods will conform to the affirmation or promise. THIS
WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED
WARRANTIES WITH RESPECT TO THE GOODS OR THEIR INSTALLATION, USE, OPERATION,
REPLACEMENT OR REPAIR, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS OF PURPOSE; AND THE GOODS ARE BEING PURCHASED BY BUYER “AS IS”.
SELLER WILL NOT BE LIABLE BY VIRTUE OF THIS WARRANTY OR OTHERWISE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE
OR LOSS OF USE OF THE GOODS.