Tempest TornadoRetrofit Kits - Manual (Page 35)

Tornado Enclosure User Manual
page 35
Limited Warranty
INSPECTION/WARRANTY/RETURNS.
A. Customer, at its sole expense, shall inspect all Goods promptly upon receipt and accept all Goods that
conform to the specifications or catalog. All claims for any alleged defect in or failure of the Goods or Seller's
performance to conform to the Contract, capable of discovery upon reasonable inspection, must be set forth
in a written rejection notice detailing the alleged non-conformity, and be received by Seller within thirty (30)
calendar days of Customer's receipt of the Goods. Failure by Customer to notify Seller of the alleged non-
conformity within thirty (30) days will be conclusive proof that the Goods have been received by Customer
without defects or damage, and in the quantities specified on the bill of lading and shall constitute an
irrevocable acceptance of the Goods and a waiver of any such claim in connection with the Goods.
B. Seller warrants to Customer only that the Goods will be free from defects in material and workmanship at
the time of delivery and, subject to the exceptions and conditions set forth below, for the following period
(the "Warranty Period"): twelve (12) months from the date of shipment by Seller. Seller may provide additional
years of warranty coverage beyond 12 month, at the rate of 2.5% of the net sale price per year, up to a total
of four additional years’ coverage beyond the standard 12 month warranty period. Seller will remedy a defect
as set forth in paragraph 7 D, below, (the "Warranty"). The Warranty is subject to each of the following
exceptions and conditions:
1. Customer must promptly (and in all events within the Warranty Period) notify Seller of any alleged defect in
a written notice (the "Notice") which shall set forth the quantity, catalog number, finish, original purchase
order number, Seller's invoice number on which Goods were originally billed and a statement of the alleged
defect, along with digital photographs showing such defects where feasible.
2. The Warranty shall not apply: (i) to any claimed defect that was capable of discovery upon reasonable
inspection and deemed to be waived under paragraph A, above; (ii) to any Goods that have been subject to
misuse, abnormal service or handling, or altered or modified in design or construction; (iii) to any Goods
repaired or serviced by any person other than Seller's authorized service personnel or to Goods installed
other than according to installation instructions, or (iv) with respect to normal wear and tear.
3. Seller makes no Warranty with respect to parts or components that are not the product of Seller, and
specifically makes no warranty whatsoever for equipment housed inside enclosure products manufactured by
Seller.
4. The Warranty is Seller's exclusive warranty with respect to the Goods. Seller makes no warranties,
guarantees or representations, express or implied, to Customer except as set forth in this section. ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR OF FITNESS FOR USE OR FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED AND
DISCLAIMED.
C. Seller will accept the return of Goods properly rejected under paragraph A, above, or as to which Notice of
an alleged breach of Warranty has been timely given and such Goods may be returned to Seller, freight
prepaid, but only upon Customer's receipt of Seller's written return material authorization ("RMA") and
shipping instructions. The RMA shall be void if the Goods are not received within 45 days after issuance of
the RMA. No deduction or credit in respect of any rejected or returned Goods shall be taken until Customer
has received Seller's further written deduction or credit/authorization following Seller's inspection to confirm
nonconformity or defect. Seller will charge to Customer any and all costs incurred by Seller in connection
with the handling, shipping, inspection and disposition of any returned Goods that are determined by Seller
not to have been nonconforming upon Delivery or as to which the warranty hereunder is not applicable.
D. UPON ANY PROPER RETURN PURSUANT TO PARAGRAPH C, ABOVE, WHETHER IN CONNECTION WITH A
REJECTION OF GOODS OR AN ALLEGED BREACH OF WARRANTY AND BASED UPON THE CONDITIONS SET
FORTH IN THIS PARAGRAPH 7, SELLER AGREES THAT IT WILL, AS THE SOLE AND EXCLUSIVE REMEDY UNDER
THE CONTRACT OR OTHERWISE, FOR ANY NONCONFORMITY OR BREACH OF WARRANTY, AND AT SELLER'S
SOLE ELECTION: (i) REPAIR SUCH GOODS; OR (ii) REPLACE SUCH GOODS.