ETS-Lindgren 3301B Active Rod & Field Antenna (Archived) - Manual (Page 42)

42 | Warranty Policy for Standard EMCO Brand Products
Warranty coverage does not include any defect or performance deficiency (including
failure to conform to product descriptions or specifications) which results, in whole or in
part, from (1) negligent storage or handling of the product by Buyer, its employees,
agents, or contractors, (2) failure of Buyer to prepare the site or provide an operating
environmental condition in compliance with any applicable instructions or
recommendations of Seller, (3) absence of any product, component, or accessory
recommended by Seller but omitted at Buyer’s direction, (4) any design, specification, or
instruction furnished by Buyer, its employees, agents or contractors, (5) any alteration of
the product by persons other than Seller, (6) combining Seller’s product with any product
furnished by others, (7) combining incompatible products of Seller, (8) interference with
the radio frequency fields due to conditions or causes outside the product as furnished by
Seller, (9) improper or extraordinary use of the product, or failure to comply with any
applicable instructions or recommendations of Seller, or (10) acts of God, acts of civil or
military authority, fires, floods, strikes or other labor disturbances, war, riot, or any other
causes beyond the reasonable control of Seller. This warranty does not cover (1) contact
fingers or replacements unless loss is caused by a defect in material or manufacturing
workmanship within the scope of this warranty (2) items designed to be consumable and
(3) removal and reconstruction of walls, partitions, ceilings and other facility costs arising
from repair or replacement of the product or parts thereof by Seller under the warranty.
Seller does not warranty products of others which are not included in Seller’s published
price lists for shielding products and systems supplies and accessories.
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 nonconformance 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 SELLERIN NO EVENT SHALL SELLER’S LIABILITIES UNDER ANY CLAIM
Archived 3/18/10