Fluid Components International ST50 - Manual (Page 35)

ST50 MASS FLOW FLUID COMPONENTS INTERNATIONAL LLC
This page is subject to proprietary rights statement on last page 35 Doc. No. 06EN003367 Rev. D
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 one (1) year
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.
Instrument Warranty