Express warranty – Hale 4DK Series User Manual

Page 49

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Manual p/n: 029-0020-79-0

49

4DK Series Pumps

EXPRESS WARRANTY

EXPRESS WARRANTY: Hale Products Inc. (“HALE”) hereby warrants to the original Buyer that
products manufactured by Hale are free of defects in material and workmanship for two (2) years or
2,000 hours usage whichever shall first occur. The “Warranty Period” commences on the date the
buyer takes delivery of the products from the manufacturer.

LIMITATIONS: HALE’s obligation is expressly conditioned on the Product being:

Subjected to normal use and service.

Properly maintained in accordance with HALE’s Instruction Manual as to recommended services
and procedures.

Not damaged due to abuse, misuse, negligence, or accidental causes.

Not altered, modified, serviced (non-routine) or repaired other than by an Authorized Service
Facility

Manufactured per design and specifications submitted by the original Buyer.

THE ABOVE EXPRESS LIMITED WARRANTY IS EXCLUSIVE. NO OTHER EXPRESS WARRAN-
TIES ARE MADE. SPECIFICALLY EXCLUDED ARE ANY IMPLIED WARRANTIES INCLUDING,
WITHOUT LIMITATIONS, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR
A PARTICULAR PURPOSE OR USE; QUALITY; COURSE OF DEALING; USAGE OF TRADE; OR
PATENT INFRINGEMENT FOR A PRODUCT MANUFACTURED TO ORIGINAL BUYER’S DESIGN
AND SPECIFICATIONS.

EXCLUSIVE REMEDIES: If Buyer promptly notifies HALE upon discovery of any such defect (within
the Warranty Period), the following terms shall apply:

Any notice to HALE must be in writing, identifying the Product (or component) claimed defected and
circumstances surrounding its failure.

HALE reserves the right to physically inspect the Product and require Buyer to return same to
HALE’s plant or other Authorized Service Facility.

In such event, Buyer must notify HALE for a Returned Goods Authorization Number and Buyer
must return the product F.O.B. within thirty (30) days thereof.

If determined defective, HALE shall, at its option, repair or replace the Product, or refund the
purchase price (less allowance for depreciation).

Absent proper notice within the Warranty Period, HALE shall have no further liability or obligation to
Buyer therefore.

THE REMEDIES PROVIDED ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. IN NO
EVENT SHALL HALE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING,
WITHOUT LIMITATION, LOSS OF LIFE; PERSONAL INJURY; DAMAGE TO REAL OR PERSONAL
PROPERTY DUE TO WATER OR FIRE; TRADE OR OTHER COMMERCIAL LOSSES ARISING,
DIRECTLY OR INDIRECTLY, OUT OF PRODUCT FAILURE.

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