Express warranty – Class1 FoamLogix 2.1A & 1.7AHP REV D User Manual
Page 95
FoamLogix, Model 2.1A and 1.7AHP Class “A”
Electronic Foam Proportioning Systems
95
Express Warranty
EXPRESS WARRANTY: Hale Products, Inc (“Hale”) hereby warrants to the original buyer that products
manufactured by it are free of defects in material and workmanship for one (1) year. The “Warranty Period”
commences on the date the original buyer takes delivery of the product from the manufacturer.
LIMITATIONS: HALE’S obligation is expressly conditioned on the Product being:
Subjected to normal use and service.
Properly maintained in accordance with HALE’S Instruction Manual as to recommended services and
procedures.
Not damaged due to abuse, misuse, negligence or accidental causes.
Not altered, modified, serviced (non-routine) or repaired other than by a Hale approved service facility.
Manufactured per design and specifications submitted by the original Buyer.
THE ABOVE EXPRESS LIMITED WARRANTY IS EXCLUSIVE. NO OTHER EXPRESS WARRANTIES
ARE MADE. SPECIFICALLY EXCLUDED ARE ANY IMPLIED WARRANTIES INCLUDED, WITHOUT
LIMITATIONS, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A
PARTICULAR PURPOSE OR USE; QUALITY; COURSE OF DEALING; USAGE OF TRADE; OR PATENT
INFRINGEMENT FOR A PRODUCT MANUFACTURED TO ORIGINAL BUYER’S DESIGN AND
SPECIFICATIONS.
EXCLUSIVE REMEDIES: If the Buyer promptly notifies HALE upon discovery of any such defect (within the
Warranty Period), the following terms shall apply:
Any notice to HALE must be in writing, identifying the Product (or component) claimed defective and
circumstances surrounding its failure.
HALE reserves the right to physically inspect the Product and require Buyer to return same to HALE’s
plant or other authorized service provider.
In such event, Buyer must notify HALE for a Returned Goods Authorization (“RGA”) number and Buyer
must return the Product F.O.B. to HALE.
If determined defective, HALE shall, at its option, repair or replace the Product, or refund the purchase
price (less allowance for depreciation).
Absent proper notice within the warranty Period, HALE shall have no further liability or obligation to
Buyer therefore.
THE REMEDIES PROVIDED ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. IN NO
EVENT SHALL HALE BE LIABLE FOR INCIDENTAL OR COSEQUENTIAL DAMAGE(S) INCLUDING,
WITHOUT LIMITATIONS, LOSS OF LIFE; PERSONAL INJURY; DAMAGE TO REAL OR PERSONAL
PROPERTY DUE TO WATER OR FIRE; TRADE OR OTHER COMMERICAL LOSSES ARISING,
DIRECTLY OR INDIRECTLY, OUT OF PRODUCT FAILURE.