Bird Technologies 5015 Series-Manual - Manual (Page 31)

19
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. Routine (regularly required) calibration is not covered
under this limited warranty. 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 ACCORDANCE
WITH THE FOREGOING.