Express warranty – Hale FoamLogix 6.5 User Manual
Page 153
Limited Warranty
153
Hale Products, Inc.
Limited Warranty
Express Warranty
EXPRESS WARRANTY: Hale Products, Inc. (HALE) hereby warrants to the original Buyer that products
manufactured by Hale 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:
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Subjected to normal use and service.
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Properly maintained in accordance with Hale’s Instruction Manual as to recommended services
and procedures.
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Not damaged due to abuse, misuse, negligence, or accidental causes.
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Not altered, modified, serviced (non-routine) or repaired other than by an Authorized Service
Facility.
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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 INCLUDING, WITHOUT
LIMITATIONS, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTIC-
ULAR 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 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 defected
and circumstances surrounding its failure.
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HALE reserves the right to physically inspect the Product and require Buyer to return same to
HALE’s plant or other Authorized Service Facility.
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In such event, Buyer must notify HALE for a Returned Goods Authorization Number and Buyer
must return the product F.O.B. within thirty (30) days thereof.
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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 CONSEQUENTIAL DAMAGE INCLUDING,
WITHOUT LIMITATION, LOSS OF LIFE; PERSONAL INJURY; DAMAGE TO REAL OR PERSONAL
PROPERTY DUE TO WATER OR FIRE; TRADE OR OTHER COMMERCIAL LOSSES ARISING,
DIRECTLY OR INDIRECTLY, OUT OF PRODUCT FAILURE.