Express warranty – Hale ESP Priming System User Manual

Page 51

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L imite d W ar ra n ty

51

Express Limited Warranty
Hale Products, Inc., 2005

Express Warranty

EXPRESS WARRANTY: Hale Products, Inc. (HALE) hereby warrants to the original Buyer that prod-
ucts manufactured by Hale are free of defects in material and workmanship for two (2) years or 2,000
hours usage, whichever shall first occur. 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 ser-
vices and procedures.

Not damaged due to abuse, misuse, negligence, or accidental causes.

Not altered, modified, serviced (non-routine) or repaired other than by an Authorized Ser-
vice Facility.

Manufactured per design and specifications submitted by the original Buyer.

THE ABOVE EXPRESS LIMITED WARRANTY IS EXCLUSIVE. NO OTHER EXPRESS WARRAN-
TIES ARE MADE. SPECIFICALLY EXCLUDED ARE ANY IMPLIED WARRANTIES INCLUDING,
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 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.

HALE reserves the right to physically inspect the Product and require Buyer to return same
to HALE’s plant or other Authorized Service Facility.

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.

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 obli-
gation 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 INCLUD-
ING, WITHOUT LIMITATION, LOSS OF LIFE; PERSONAL INJURY; DAMAGE TO REAL OR PER-
SONAL PROPERTY DUE TO WATER OR FIRE; TRADE OR OTHER COMMERCIAL LOSSES
ARISING, DIRECTLY OR INDIRECTLY, OUT OF PRODUCT FAILURE.

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