Bird Technologies 3140 Display - Manual (Page 35)

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Limited Warranty
All products manufactured by Seller are warranted to be free from
defects in material and workmanship for a period of one year, unless
otherwise specified, from date of shipment and to conform to applica-
ble 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 work-
manship 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 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 acci-
dent, 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. Rou-
tine (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 man-
ufacturer’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.