Cleveland Motion Controls Classic UPB Transducer Load Cell REV BA User Manual
Page 9
INSTRUCTION NUMBER: AO-70136 BA
9of 9
LIMITED WARRANTY
.
ALL GOODS ARE SOLD SUBJECT TO
THE MUTUAL AGREEMENT THAT
THEY ARE WARRANTED BY THE
COMPANY TO BE FREE FROM
DEFECTS IN MATERIAL AND
WORKMANSHIP FOR ONE YEAR
FROM THE DATE OF SHIPMENT. THE
COMPANY'S WARRANTY DOES NOT
COVER, AND IT MAKES NO
WARRANTY WITH RESPECT TO ANY
DEFECT, FAILURE, DEFICIENCY OR
ERROR WHICH IS:
A)
NOT REPORTED TO THE
COMPANY WITHIN THE
APPLICABLE WARRANTY
PERIOD; OR
B)
DUE TO MISAPPLICATION,
MODIFICATION, DISASSEMBLY,
ABUSE, MISUSE, IMPROPER
INSTALLATION, UNAUTHORIZED
REPAIR, IMPROPER
MAINTENANCE OR ABNORMAL
CONDITIONS OF TEMPERATURE,
DIRT OR CORROSIVE MATTER;
OR
C)
DUE TO OPERATION, EITHER
INTENTIONAL OR OTHERWISE,
ABOVE RATED CAPACITIES OR
IN AN OTHERWISE IMPROPER
MANNER.
THE FOREGOING WARRANTY IS IN
LIEU OF ALL OTHER WARRANTIES.
THE PARTIES AGREE THAT THE
IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND
ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, ARE EXCLUDED FROM
THE SALE OF GOODS.
LIMITATION OF REMEDY AND
LIABILITY.
THE REMEDY PROVIDED HEREIN IS
BUYER'S SOLE AND EXCLUSIVE
REMEDY. THE BUYER'S REMEDY
AND THE COMPANY'S LIABILITY
(WHETHER UNDER THE THEORIES
OF BREACH OF WARRANTY,
CONTRACT, TORT INCLUDING
NEGLIGENCE OR STRICT LIABILITY
OR ANY OTHER LEGAL THEORY)
SHALL BE LIMITED EXCLUSIVELY
AT THE COMPANY'S OPTION TO
REPLACING OR REPAIRING
WITHOUT CHARGE AT THE
COMPANY'S FACTORY OR
ELSEWHERE ANY MATERIAL OR
WORKMANSHIP DEFECTS WHICH
BECOME APPARENT WITHIN ONE
YEAR FROM THE DATE ON WHICH
THE GOODS WERE SHIPPED. THE
COMPANY SHALL NOT BE LIABLE
FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY
KIND INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOSS OF USE,
INCOME OR PROFIT, OR LOSSES
SUSTAINED AS A RESULT OF INJURY
(INCLUDING DEATH) TO ANY
PERSON OR DAMAGES TO
PROPERTY. THE COMPANY SHALL
HAVE NO LIABILITY FOR DAMAGES
OF ANY KIND ARISING FROM THE
INSTALLATION AND/OR USE OF THE
GOODS BY ANYONE. BY THE
ACCEPTANCE OF THE GOODS, THE
BUYER SHALL ASSUME ALL
LIABILITY FOR ANY DAMAGES
WHICH MAY RESULT FROM USE OR
MISUSE BY THE BUYER, ITS
EMPLOYEES OR BY OTHERS.