ETS-Lindgren 3164-07 Open-Boundary Quad-Ridged Horn (Archived) - Manual (Page 79)

B UYER ’ S R EMEDIES
If Seller determines that any product fails to meet any warranty during the
applicable warranty period, Seller shall correct any such failure by either, at its
option, repairing, adjusting, or replacing without charge to Buyer any defective or
nonconforming product, or part or parts of the product. Seller shall have the
option to furnish either new or exchange replacement parts or assemblies.
Warranty service during the applicable warranty period will be performed without
charge to Buyer within the contiguous 48 United States during Seller’s normal
business hours. After the warranty period, service will be performed at Seller’s
prevailing service rates. Subject to the availability of personnel, after-hours
service is available upon request at an additional charge. For service outside the
contiguous 48 United States, travel and per diem expenses, when required, shall
be the responsibility of the Buyer, or End User, whichever is applicable.
The remedies set forth herein are conditioned upon Buyer promptly notifying
Seller within the applicable warranty period of any defect or non-conformance
and making the product available for correction.
The preceding paragraphs set forth Buyer’s exclusive remedies and Seller’s sole
liability for claims based on failure of the products to meet any warranty, whether
the claim is in contract, warranty, tort (including negligence and strict liability) or
otherwise, and however instituted, and, upon the expiration of the applicable
warranty period, all such liability shall terminate. IN NO EVENT SHALL SELLER
BE LIABLE TO BUYER FOR ANY SPECIAL INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR AS A
RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING,
ASSEMBLING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART
THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE
INCURRED WITHOUT SELLER’S WRITTEN CONSENT DESPITE ANY
NEGLIGENCE ON BEHALF OF THE SELLER. IN NO EVENT SHALL SELLER’S
LIABILITIES UNDER ANY CLAIM MADE BY BUYER EXCEED THE
PURCHASE PRICE OF THE PRODUCT IN RESPECT OF WHICH DAMAGES
ARE CLAIMED. This agreement shall be construed in accordance with laws of
the State of Illinois. In the event that any provision hereof shall violate any
applicable statute, ordinance, or rule of law, such provision shall be ineffective to
the extent of such violation without invalidating any other provision hereof.
Specifications | 79
Archived 6/25/10
Use only the content for
3164-07 in this manual.
Disregard content for
all other 3164 models;
see ETS-Lindgren
website for other
3164 content.