Fluid Components International VORTAB - Manual (Page 17)

VORTAB Flow Conditioner VORTAB ® Company
Doc. No. 06EN003269 Rev. D 17
This page is subject to the proprietary rights statement on the last page
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 pro-
vided return or notice of rejection of such material is made within a reasonable period but in no event longer than one (1)
year 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, Sell-
er 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 transporta-
tion 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 reason-
able period, but in no event longer than (1) year from the date of shipment of the returned goods. 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 con-
nection 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 RE-
SPECT TO THE GOODS OR THEIR INSTALLATION, USE, OPERATION, REPLACEMENT OR REPAIR, INCLUDING ANY IM-
PLIED 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.