Bird Technologies 4314B - Manual (Page 45)

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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 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 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 war-
ranty 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 FIT-
NESS, AND NO PERSON IS AUTHORIZED TO ASSUME FOR SELLER ANY OBLIGATION
OR LIABILITY NOT STRICTLY IN ACCORDANCE WITH THE FOREGOING.