Dwyer DLI-P - Manual (Page 36)

Data Logger Manual
Page 35
Terms and Conditions
All products furnished by Dwyer Instruments, Inc. (“Seller”) shall be in accordance with the
following terms and conditions unless otherwise stated in writing:
These Terms and Conditions (“Terms and Conditions”) govern (a) all sales quotations and
sales of components, equipment, parts, and other products (“Product”) from, and (b) all service
proposals and provisions of services by Seller to the buyer of the Products (“Buyer”). These Terms
and Conditions shall take precedence over any terms and conditions which appear on Buyer’s
order or other form or any other writing or electronic transmission from Buyer. Any terms or con-
ditions on any of Buyer’s forms, recordings, electronic transmissions, or orders that are different
from or in addition to these Terms and Conditions are specifi cally rejected. Any modifi cation to
these Terms and Conditions must be agreed to and executed in writing by Seller. Seller’s failure
to object to provisions contained in any communication from Buyer shall not be construed as a
waiver of these Terms and Conditions or as an acceptance of any such provision. Trade custom,
trade usage and past performance are superseded by these terms and conditions and shall not
be used to interpret these terms and conditions. In the event that Product includes software, the
software is licensed to Buyer in object code form only in accordance with Seller’s standard
Software License Terms that are included below.
20. Limited Warranty.
A. Seller Manufactured Products and Seller Provided Services.
Seller warrants to Buyer that:
(i) Seller manufactured Software (as defi ned in Section 23 below) shall execute the programming
instructions provided by Seller, and
(ii) Seller manufactured Product and consumables and Seller provided services shall be free
from material defects in material and workmanship under normal uses and care, in each
case until the expiration of the applicable warranty period specifi ed below
Seller manufactured Product is warranted for the shorter of twelve (12) months from the date
of initial installation or fi fteen (15) months from the date of shipment by Seller. Seller manufactured
consumables and Software, and Seller provided services are warranted for a period of ninety (90)
days from the date of shipment or completion, as applicable. If Buyer discovers any warranty
defect and notifi es Seller thereof in writing during the applicable warranty period, Seller shall, at
its option, promptly correct any defects that are found by Seller, or repair or replace F.O.B. point
of manufacture that portion of the Seller manufactured Products, consumables or Software found
by Seller to be defective, or refund the price of the defective portion of the Seller manufactured
Products, consumables or Software, or of the defective portion of the Seller provided services. All
replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable
power sources, unsuitable environmental conditions, accident, misuse, improper installation,
modifi cation, repair, storage or handling, or any other cause not the fault of Seller are not covered
by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any
costs or charges incurred by Buyer or any other party except as may be agreed upon in writing
in advance by an authorized representative of Seller. All costs of dismantling, re-installation and
freight, and the time and expenses of Seller’s personnel for site travel and diagnosis under this
limited warranty shall be borne by Buyer unless accepted in writing by Seller. Seller manufactured
Products, consumables and Software, and Seller provided services, repaired, replaced or corrected
during the applicable warranty period shall be in warranty for the greater of the remainder of the
applicable original warranty period or ninety (90) days.
THE FOREGOING STATES THE SOLE AND EXCLUSIVE WARRANTY AND LIABILITY OF SELLER.
FOR BREACH OF WARRANTY AND IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES
AND COVENANTS, EXPRESSED OR IMPLIED, IN REGARD THERETO. EXCEPT FOR THE EXPRESS
LIMITED WARRANTY SET FORTH IN THIS SECTION, SELLER DOES NOT MAKE AND HEREBY
DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER,