Tempest Hurricane - Manual (Page 31)

Hurricane Enclosure User Manual page 31
11 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.