Warranties, Document 2. warranties – Fluid Components International GF90_GF92 User Manual

Page 101

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Doc. No. 06EN003229 Rev. H

97

GF Series Flow Meter Models GF90/GF92

FLUID COMPONENTS INTERNATIONAL LLC

http://www.fluidcomponents.com

Warranties

Goods furnished by the Seller are to be within the limits and of the sizes published by the Seller and subject to the
Seller’s standard tolerances for variations. All items made by the Seller are inspected before shipment, and should
any of said items prove defective due to faults in manufacture or performance under Seller approved applications,
or fail to meet the written specifications accepted by the Seller, they will be replaced or repaired by Seller at no charge
to Buyer provided return or notice of rejection of such material is made within a reasonable period but in no event
longer than one (1) year for non-calibration defects and one (1) year for calibration defects from date of shipment
to Buyer, and provided further, that an examination by Seller discloses to Seller’s reasonable satisfaction that the
defect is covered by this warranty and that the Buyer has not returned the equipment in a damaged condition due to
Buyer’s or Buyer’s employees’, agents’, or representatives’ negligence and Buyer has not tampered, modified,
redesigned, misapplied, abused, or misused the goods as to cause the goods to fail. In addition, this warranty shall
not cover damage caused by Buyer’s exposure of the goods to corrosive or abrasive environments. Moreover, Seller
shall in no event be responsible for (1) the cost or repair of any work done by Buyer on material furnished hereunder
(unless specifically authorized in writing in each instance by Seller), (2) the cost or repair of any modifications added
by a Distributor or a third party, (3) any consequential or incidental damages, losses, or expenses in connection with
or by reason of the use of or inability to use goods purchased for any purpose, and Seller’s liability shall be specifically
limited to free replacement, or refund of the purchase price, at Seller’s option, provided return or rejection of the
goods is made consistent with this paragraph, and the Seller shall in no event be liable for transportation, installation,
adjustment, loss of good will or profits, or other expenses which may arise in connection with such returned goods,
or (4) the design of products or their suitability for the purpose for which they are intended or used. Should the Buyer
receive defective goods as defined by this paragraph, the Buyer shall notify the Seller immediately, stating full
particulars in support of his claim, and should the Seller agree to a return of the goods, the Buyer shall follow Seller’s
packaging and transportation directions explicitly. In no case are the goods to be returned without first obtaining
a return authorization from the Seller. Any repair or replacement shall be at Seller’s factory and shall be returned
to Seller transportation prepaid by Buyer. If the returned goods shall prove defective under this clause they will be
replaced or repaired by Seller at no charge to Buyer provided the return or rejection of such material is made within
a reasonable period, but in no event longer than (1) year from the date of shipment of the returned goods or the
unexpired terms of the original warranty period whichever is later. If the goods prove to be defective under this
paragraph, the Buyer shall remove the goods immediately from the process and prepare the goods for shipment to
Seller. Continued use or operation of defective goods is not warranted by Seller and damage occurring due to
continued use or operation shall be for Buyer’s account. Any description of the goods contained in this offer is for
the sole purpose of identifying them, and any such description is not part of the basis of the bargain, and does not
constitute a warranty that the goods will conform to that description. No affirmation of that fact or promise made
by the Seller, whether or not in this offer, will constitute a warranty that the goods will conform to the affirmation
or promise. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED
WARRANTIES WITH RESPECT TO THE GOODS OR THEIR INSTALLATION, USE, OPERATION,
REPLACEMENT OR REPAIR, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS OF PURPOSE; AND THE GOODS ARE BEING PURCHASED BY BUYER “AS IS”. SELLER WILL
NOT BE LIABLE BY VIRTUE OF THIS WARRANTY OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OR LOSS OF USE OF THE
GOODS.

Document 2.

Warranties

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