Bird Technologies 5000-EX - Manual (Page 48)

Bird Technologies
36
Limited Warranty
All products manufactured by Seller are warranted to be free from defects in material
and workmanship for a period of one (1) year, unless otherwise specified, from date of
shipment and to conform to applicable specifications, drawings, blueprints and/or
samples. Seller’s sole obligation under these warranties shall be to issue credit, repair or
replace any item or part thereof which is proved to be other than as warranted; no
allowance shall be made for any labor charges of Buyer for replacement of parts,
adjustment or repairs, or any other work, unless such charges are authorized in advance
by Seller.
If Seller’s products are claimed to be defective in material or workmanship or not to
conform to specifications, drawings, blueprints and/or samples, Seller shall, upon
prompt notice thereof, either examine the products where they are located or issue
shipping instructions for return to Seller (transportation charges prepaid by Buyer). In
the event any of our products are proved to be other than as warranted, transportation
costs (cheapest way) to and from Seller’s plant, will be borne by Seller and
reimbursement or credit will be made for amounts so expended by Buyer. Every such
claim for breach of these warranties shall be deemed to be waived by Buyer unless made
in writing within ten (10) days from the date of discovery of the defect.
The above warranties shall not extend to any products or parts thereof which have been
subjected to any misuse or neglect, damaged by accident, rendered defective by reason of
improper installation or by the performance of repairs or alterations outside of our plant,
and shall not apply to any goods or parts thereof furnished by Buyer or acquired from
others at Buyer’s request and/or to Buyer’s specifications. Routine (regularly required)
calibration is not covered under this limited warranty. In addition, Seller’s warranties do
not extend to the failure of tubes, transistors, fuses and batteries, or to other equipment
and parts manufactured by others except to the extent of the original manufacturer’s
warranty to Seller.
The obligations under the foregoing warranties are limited to the precise terms thereof.
These warranties provide exclusive remedies, expressly in lieu of all other remedies
including claims for special or consequential damages. SELLER NEITHER MAKES
NOR ASSUMES ANY OTHER WARRANTY WHATSOEVER, WHETHER EXPRESS,
STATUTORY, OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FITNESS, AND NO PERSON IS AUTHORIZED TO ASSUME FOR SELLER ANY
OBLIGATION OR LIABILITY NOT STRICTLY IN ACCORDANCE WITH THE
FOREGOING.