Fluid Components International ST75_ST75V - Manual (Page 37)

ST75/ST75V MASS FLOW FLUID COMPONENTS INTERNATIONAL LLC
This page is subject to proprietary rights statement on last page 37 Doc. No. 06EN003368 Rev. C
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, unless otherwise directed, 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. The use of any sample or model in connection with this offer is for illustrative purposes only, is
not part of the basis of the bargain, and is not to be construed as a warranty that the goods will conform to the sample or
model. 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.
Instrument Warranty