Warranties, Document 2. warranties – Fluid Components International ST98 Manual Customer Service User Manual

Page 4

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FLUID COMPONENTS INTL

APPENDIX C - CUSTOMER SERVICE

Model ST98 Flow Meter

C - 4

Doc. No. 06EN003291 Rev. A

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 one (1) year 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.

Document 2. Warranties

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