Bird Technologies 3170A400 - Manual (Page 2)

LIMITED WARRANTY
All products manufactured by Seller are warranted to be free from defects in material and workmanship for a period of one
(1) year, unless otherwise specified, from date of shipment and to conform to applicable specifications, drawings, blueprints
and/or samples. Seller’s sole obligation under these warranties shall be to issue credit, repair or replace any item or part
thereof which is proved to be other than as warranted; no allowance shall be made for any labor charges of Buyer for
replacement of parts, adjustment or repairs, or any other work, unless such charges are authorized in advance by Seller.
If Seller’s products are claimed to be defective in material or workmanship or not to conform to specifications, drawings,
blueprints and/or samples, Seller shall, upon prompt notice thereof, either examine the products where they are located or
issue shipping instructions for return to Seller (transportation-charges prepaid by Buyer). In the event any of our products
are proved to be other than as warranted, transportation costs (cheapest way) to and from Seller’s plant, will be borne by
Seller and reimbursement or credit will be made for amounts so expended by Buyer. Every such claim for breach of these
warranties shall be deemed to be waived by Buyer unless made in writing within ten (10) days from the date of discovery
of the defect.
The above warranties shall not extend to any products or parts thereof which have been subjected to any misuse or neglect,
damaged by accident, rendered defective by reason of improper installation or by the performance of repairs or alterations
outside of our plant, and shall not apply to any goods or parts thereof furnished by Buyer or acquired from others at Buyer’s
request and/or to Buyer’s specifications. In addition, Seller’s warranties do not extend to the failure of tubes, transistors,
fuses and batteries, or to other equipment and parts manufactured by others except to the extent of the original manufacturer’s
warranty to Seller.
The obligations under the foregoing warranties are limited to the precise terms thereof. These warranties provide exclusive
remedies, expressly in lieu of all other remedies including claims for special or consequential damages. SELLER NEITHER
MAKES NOR ASSUMES ANY OTHER WARRANTY WHATSOEVER, WHETHER EXPRESS, STATUTORY,
OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS, AND NO PERSON IS
AUTHORIZED TO ASSUME FOR SELLER ANY OBLIGATION OR LIABILITY NOT STRICTLY IN AC-
CORDANCE WITH THE FOREGOING.