Warranty, Aster, Ntake – Hale Master Intake Valve User Manual

Page 39: Alve

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37

M

ASTER

I

NTAKE

V

ALVE

8

WARRANTY

LIMITED WARRANTY

EXPRESS WARRANTY. Hale Products Inc. (“Hale”) hereby warrants to the original buyer that
products manufactured by it are free of defects in material and workmanship for two (2)
years or 2000 hours usage, whichever shall first occur. The “Warranty Period” commences on
the date the Product is first placed in service.

LIMITATIONS. HALE’S obligation is expressly conditioned on the Product being.

— Subjected to nominal 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 WARRANTIES ARE
MADE. SPECIFICALLY EXCLUDED ARE ANY IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATIONS, THE IMPLIED WARRANTIES OF MERCHANTABILITY; 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 defective 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, HALE will provide a Returned Goods Authorization and Buyer

must return the Product F.O.B. within (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 DAMAGES 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 THE PRODUCT FAILURE.

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