MadgeTech OctTemp2000 Data Logger - Manual (Page 23)

Page 22
MadgeTech OctTemp2000
Terms and Conditions
All products furnished by MadgeTech, Inc. (“Seller”) shall be in accordance with the
following terms and conditions unless otherwise stated in writing:
These Terms and Conditions (“Terms and Conditions”) govern (a) all sales quotations
and sales of components, equipment, parts, and other products (“Product”) from, and (b) all
service proposals and provisions of services by Seller to the buyer of the Products (“Buyer”).
These Terms and Conditions shall take precedence over any terms and conditions which
appear on Buyer’s order or other form or any other writing or electronic transmission from
Buyer. Any terms or conditions on any of Buyer’s forms, recordings, electronic transmissions,
or orders that are different from or in addition to these Terms and Conditions are specifically
rejected. Any modification to these Terms and Conditions must be agreed to and executed in
writing by Seller. Seller’s failure to object to provisions contained in any communication from
Buyer shall not be construed as a waiver of these Terms and Conditions or as an acceptance
of any such provision. Trade custom, trade usage and past performance are superseded by
these terms and conditions and shall not be used to interpret these terms and conditions.
In the event that Product includes software, the software is licensed to Buyer in object code
form only in accordance with Seller’s standard Software License Terms that are included
below.
20. Limited Warranty.
A. Seller Manufactured Products and Seller Provided Services.
Seller warrants to Buyer that:
(i) Seller manufactured Software (as defined in Section 23 below) shall execute the
programming instructions provided by Seller, and
(ii) Seller manufactured Product and consumables and Seller provided services shall be
free from material defects in material and workmanship under normal uses and care,
in each case until the expiration of the applicable warranty period specified below
Seller manufactured Product is warranted for the shorter of twelve (12) months from the
date of initial installation or fifteen (15) months from the date of shipment by Seller. Seller
manufactured consumables and Software, and Seller provided services are warranted for a
period of ninety (90) days from the date of shipment or completion, as applicable. If Buyer
discovers any warranty defect and notifies Seller thereof in writing during the applicable
warranty period, Seller shall, at its option, promptly correct any defects that are found
by Seller, or repair or replace F.O.B. point of manufacture that portion of the Seller
manufactured Products, consumables or Software found by Seller to be defective, or
refund the price of the defective portion of the Seller manufactured Products, consumables or
Software, or of the defective portion of the Seller provided services. All replacements or
repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable pow-
er sources, unsuitable environmental conditions, accident, misuse, improper installation,
modification, repair, storage or handling, or any other cause not the fault of Seller are not
covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated
to pay any costs or charges incurred by Buyer or any other party except as may be agreed
upon in writing in advance by an authorized representative of Seller. All costs of disman-
tling, re-installation and freight, and the time and expenses of Seller’s personnel for site
travel and diagnosis under this limited warranty shall be borne by Buyer unless accepted in
writing by Seller. Seller manufactured Products, consumables and Software, and Seller
provided services, repaired, replaced or corrected during the applicable warranty period shall
be in warranty for the greater of the remainder of the applicable original warranty period or
ninety (90) days.
THE FOREGOING STATES THE SOLE AND EXCLUSIVE WARRANTY AND LIABILITY OF
SELLER. FOR BREACH OF WARRANTY AND IS IN LIEU OF ALL OTHER REPRESENTATIONS,