Electro-Chemical Devices (ECD) CA6 Hardness Analyzer - Manual (Page 7)

TERMS AND CONDITIONS OF SALE
1. ACCEPTANCE.
If this writing differs in any way from the terms and conditions of Buyer's order or if this writing is
construed as an acceptance or as a confirmation acting as an acceptance, then Seller’s acceptance is
EXPRESSLY MADE CONDITIONAL ON BUYER’S ASSENT TO ANY TERMS AND CONDITIONS CONTAINED
HEREIN THAT ARE DIFFERENT FROM OR ADDITIONAL TO THOSE CONTAINED IN BUYER'S WRITING.
Further, this writing shall be deemed notice of objection to such terms and conditions of Buyer. If this
writing is construed as the offer, acceptance hereof is EXPRESSLY LIMITED TO THE TERMS AND
CONDITIONS CONTAINED HEREIN. In any event, Buyer's acceptance of the goods shall manifest Buyer's
assent to Seller's terms and conditions. No addition to or modification of these terms will be effective,
unless set forth in writing and agreed to by Seller.
2. WARRANTIES AND REMEDIES
a. Warranty. Seller warrants to Buyer that it holds and will pass marketable title to the goods sold
hereunder. Seller warrants to Buyer that the items and components manufactured by Seller will be free
from defects in material and workmanship (subject, however, to tolerances and variances permitted by
the trade hereunder) for a period one (1) year for non-consumable products. Consumable electrodes
and sensors have a conditional warranty based shelf life and process conditions and is determined by
Seller.
b. Exclusion and Conditions. Seller’s obligations with respect to the express warranties and remedies
contained herein are conditioned on the following: (i) Buyer's return of the non-conforming goods, if
authorized by Seller: (ii) Buyer shall not assign its rights under these express warranties and any
attempted assignment shall render such warranties, but not any disclaimers or limitations, void and the
goods sold shall be sold AS IS; and (iii) all products shall be carefully inspected for damage by Buyer
upon receipt, be properly calibrated for Buyer's particular use, and be used, repaired, and maintained by
Buyer in accordance with the instructions set forth in Seller’s product literature. Repair and
maintenance by non-qualified personnel, product subjected to misuse or negligence, and/or damaged
during shipment will invalidate the warranty, as will the use of non-approved consumables or spare
parts. As with any other sophisticated product, it is essential, and a condition of Seller’s warranty, that
all personnel using the product be fully acquainted with its use, capabilities and limitations as set forth
in the applicable product literature.
3. DISCLAIMER OF IMPLIED WARRANTIES. Seller gives no warranties except those expressly contained
herein. Seller disclaims all other warranties implied by law usage of the trade, course of dealing or
course of performance including, but not limited to, the Implied warranties of MERCHANTABILITY and
fitness for a particular purpose.
4. LIMITATIONS OF LIABILITY. The following limitations of Seller's liability are acknowledged by the
parties to be fair and reasonable and shall apply to any act or omission hereunder, and to any breach of
this contract of which these terms and conditions form a part:
CA-6 Analyzers Page vii