Bird Technologies 4331 - Manual (Page 65)

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 (transpor-
tation-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 manufac-
turer’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
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