Winco GM100 - Manual (Page 14)

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11. Product Warranty
CONTROLS, INC. is herein called “Seller”. The person, firm or corporation to whom
or which the sale is made is herein called “Buyer”. Seller warrants to the Buyer that
all products furnished under this order will conform to Seller’s specification, drawings
as described in its current catalog or quotation and will be free from defects in
materials and workmanship. Seller must approve other special requirements asked
for by the Buyer in its purchase order in writing. Parts replaced or repaired in the
warranty period shall carry the unexpired portion of the original warranty. The
foregoing is subject to the provisions that in no case will the total warranty period
extend beyond twelve (12) months from date seller ships equipment from point of
sale.
The Liability of Seller thereunder is limited to replacing or repairing at Seller’s factory
any part or parts which have been returned to the Seller and which are proved by
buyer as defective or not conforming to Seller’s specifications, drawings or other
written descriptions, accepted by Seller, provided that such part or parts are returned
by the buyer within thirty (30) days after such defect is discovered. All items
returned to Seller for repair or replacement must be sent freight prepaid to its factory.
Buyer must obtain Seller’s Return Goods Authorization prior to returning items. The
above conditions must be met if warranty is valid. Seller will not be liable for any
damage done by unauthorized repair work, unauthorized misapplication in non-
suitable environment.
In no event shall the Seller be liable for loss, damage, or expense directly or
indirectly arising from the use of the units, or from any other cause, except as
expressly stated in the warranty. Seller makes no warranties, express or implied,
including any warranty as to merchantability of fitness for a particular purpose or use.
Seller is not liable for and buyer waives any right or action it has or may have against
seller for any consequential or special damages arising out of any breach of
warranty, and for any damages buyer may claim for damage to any property or injury
or death to any person arising out of its purchase or the use, operation or
maintenance of the product. Seller will not be liable for any labor subcontracted or
performed by buyer for preparation of warranted item for return to Seller’s factory or
for preparation work for field repair or replacement. The Seller will not consider
invoicing of Seller for labor either performed or subcontracted by buyer as a liability.
This warranty shall be exclusive of any and all other warranties express or implied
and may be modified only by a writing signed by an officer of the Seller. With
respect to accessories supplied by Seller, but manufactured by others, there is no
warranty of any kind, express or implied, and specifically there is no warranty of
merchantability or fitness, except as may be set forth in any warranty the
manufactures have made to Seller and which can be passed to the Buyer.