Fluid Components International FLT93 Nuclear - Manual (Page 57)

FLT ® Series FlexSwitch TM APPENDIX D - CUSTOMER SERVICE
Fluid Components International LLC 57
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 specifi cations 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 (1) years for non-calibration defects and one (1) year for calibration defects from date of ship-
ment 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, modifi ed,
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 specifi cally authorized in writing in each instance by Seller), (2) the cost or repair of any modifi cations 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 specifi -
cally 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 profi ts, 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 defi ned by this paragraph, the Buyer shall notify the Seller immediately, stating full par-
ticulars 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 fi rst 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 mate-
rial 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 connec-
tion 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 affi rmation 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 affi rmation or prom-
ise. 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.