Dwyer DLI2 - Manual (Page 34)

Data Logger Manual
Page 33
Section 10: Terms and Conditions Section 10: Terms and Conditions
All products furnished by Dwyer, 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 conditions 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 Trade custom, trade usage and past performance are superseded by these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.
10.1 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