Ocean Optics DTS - Manual (Page 3)

Polychromix DTS TM Near-Infrared Spectrometer iii
Operator’s Manual
Document Number 04-91-0201-00 Rev A
Warranty
Polychromix, Inc. (Polychromix or Seller) warrants that its products will be free from
defects in materials and workmanship under normal use and service in general
process conditions for the effective period set out below. This warranty and its
remedies are in lieu of all other warranties expressed or implied, oral or written, either
in fact or by operation of law, statutory or otherwise, including warranties of
merchantability and fitness for a particular purpose, which Polychromix specifically
disclaims. Polychromix shall have no liability for incidental or consequential damages
of any kind arising out of the sale, installation, or use of its products.
Polychromix’s obligation under this warranty shall not arise until Buyer notifies
Polychromix of the defect. Polychromix’s sole responsibility under this warranty is, at
its option, to replace or repair any defective component part of the product within the
warranty period.
Except in the case of an authorized distributor or seller, authorized in writing by Seller
to extend this warranty to the distributor’s customers, the warranty herein applies only
to Buyer as the original purchaser from Seller and may not be assigned, sold, or
otherwise transferred to a third party.
No warranty is made with respect to used, reconstructed, refurbished, or previously
owned Products, which will be so marked on the sales order and will be sold “As Is”.
BUYER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY IS THAT
THE SELLER EITHER AGREES TO REPAIR OR REPLACE, AT SELLER’S SOLE
OPTION, ANY PART OR PARTS OF SUCH PRODUCTS THAT UNDER PROPER
AND NORMAL CONDITIONS OF USE, PROVE(S) TO BE DEFECTIVE WITHIN
THE APPLICABLE WARRANTY PERIOD. ALTERNATELY, SELLER MAY AT ANY
TIME, IN ITS SOLE DISCRETION, ELECT TO DISCHARGE ITS WARRANTY
OBLIGATION HEREUNDER BY ACCEPTING THE RETURN OF ANY DEFECTIVE
PRODUCT PURSUANT TO THE TERMS SET FORTH HEREIN AND REFUNDING
THE PURCHASE PRICE PAID BY BUYER.
Place of Service
Seller shall use its best efforts to assist buyer to resolve all warranty related issues
through Polychromix customer and technical support as soon as reasonably
practicable after notification by the Buyer of a possible defect. However, the Seller
reserves the right to require the Buyer return the Product to Seller’s production
facility, transportation charges prepaid, when necessary, to provide proper warranty
service.