Fluid Components International FLT Series - Manual (Page 58)

FLUID COMPONENTS INTL APPENDIX C - CUSTOMER SERVICE
FLTÔ Series FlexSwitchÔ C - 4 Doc. No. 06EN003286 Rev. -
Warranties
Goods furnished by the Seller are to be within the limits and of the sizes published by the Seller and subject to the
Seller’s standard tolerances for variations. All items made by the Seller are inspected before shipment, and should
any of said items prove defective due to faults in manufacture or performance under Seller approved applications, or
fail to meet the written specifications accepted by the Seller, they will be replaced or repaired by Seller at no charge
to Buyer provided return or notice of rejection of such material is made within a reasonable period but in no event
longer than three (3) years for non-calibration defects and one (1) year for calibration defects from date of shipment
to Buyer, and provided further, that an examination by Seller discloses to Seller’s reasonable satisfaction that the
defect is covered by this warranty and that the Buyer has not returned the equipment in a damaged condition due to
Buyer’s or Buyer’s employees’, agents’, or representatives’ negligence and Buyer has not tampered, modified,
redesigned, misapplied, abused, or misused the goods as to cause the goods to fail. In addition, this warranty shall
not cover damage caused by Buyer’s exposure of the goods to corrosive or abrasive environments. Moreover, Seller
shall in no event be responsible for (1) the cost or repair of any work done by Buyer on material furnished hereunder
(unless specifically authorized in writing in each instance by Seller), (2) the cost or repair of any modifications added
by a Distributor or a third party, (3) any consequential or incidental damages, losses, or expenses in connection with
or by reason of the use of or inability to use goods purchased for any purpose, and Seller’s liability shall be
specifically limited to free replacement, or refund of the purchase price, at Seller’s option, provided return or
rejection of the goods is made consistent with this paragraph, and the Seller shall in no event be liable for
transportation, installation, adjustment, loss of good will or profits, or other expenses which may arise in connection
with such returned goods, or (4) the design of products or their suitability for the purpose for which they are intended
or used. Should the Buyer receive defective goods as defined by this paragraph, the Buyer shall notify the Seller
immediately, stating full particulars in support of his claim, and should the Seller agree to a return of the goods, the
Buyer shall follow Seller’s packaging and transportation directions explicitly. In no case are the goods to be
returned without first obtaining a return authorization from the Seller. Any repair or replacement shall be at Seller’s
factory, unless otherwise directed, and shall be returned to Seller transportation prepaid by Buyer. If the returned
goods shall prove defective under this clause they will be replaced or repaired by Seller at no charge to Buyer
provided the return or rejection of such material is made within a reasonable period, but in no event longer than (1)
year from the date of shipment of the returned goods or the unexpired terms of the original warranty period
whichever is later. If the goods prove to be defective under this paragraph, the Buyer shall remove the goods
immediately from the process and prepare the goods for shipment to Seller. Continued use or operation of defective
goods is not warranted by Seller and damage occurring due to continued use or operation shall be for Buyer’s
account. Any description of the goods contained in this offer is for the sole purpose of identifying them, and any
such description is not part of the basis of the bargain, and does not constitute a warranty that the goods will conform
to that description. The use of any sample or model in connection with this offer is for illustrative purposes only, is
not part of the basis of the bargain, and is not to be construed as a warranty that the goods will conform to the sample
or model. No affirmation of that fact or promise made by the Seller, whether or not in this offer, will constitute a
warranty that the goods will conform to the affirmation or promise. THIS WARRANTY IS EXPRESSLY IN LIEU
OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE GOODS OR
THEIR INSTALLATION, USE, OPERATION, REPLACEMENT OR REPAIR, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE; AND THE GOODS ARE BEING
PURCHASED BY BUYER “AS IS”. SELLER WILL NOT BE LIABLE BY VIRTUE OF THIS WARRANTY OR
OTHERWISE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING
FROM THE USE OR LOSS OF USE OF THE GOODS.
Document 2. Warranties