Despatch Protocol Plus Controller (Heat/Cool) - Manual (Page 3)

Service
Worldwide Phone 612-781-5356; Worldwide Fax 612-781-5485; North American Phone 800-473-7373
e-mail [email protected]; www.despatch.com
Please see reverse side for other service offerings BB5 (5/28/02)
Despatch Industries
Product Warranty
See separate warranty for Benchtop and Laboratory Ovens (Form BB7)
Parts, Materials and Labor
Seller warrants the equipment manufactured by Seller and not by others, to be free
from defects in workmanship and material under normal use and service for a
period of (1) year from the date of delivery or the period of two thousand (2,000)
accumulated hours of use, whichever period is shorter. Use or service with
corrosive or abrasive chemicals or materials is not deemed normal. The period of
the foregoing warranty, in the case of furnaces, shall be ninety (90) days or five
hundred twenty-five (525) accumulated hours of use, whichever period is shorter.
Components manufactured by others, including expendable items, are warranted
only in accordance with the warranty, if any, issued by such other manufacturer.
Buyer shall give Seller written notice of any defects with 14 days after discovery
thereof, specifying each particular defect discovered. If such notice is properly
given, Seller will correct without charge any workmanship that is demonstrated to
Seller's satisfaction to have been defective at the time of installation, and will repair
or replace, at Seller's option, without charge, f.o.b. Seller's factory, parts covered by
this warranty that upon inspection are found defective under normal use within the
warranty period above stated. All work of removal and reinstallation, whether or not
found defective, and shipping charges for defective or replacement parts shall be at
the sole expense of Buyer.
The foregoing warranty shall not apply to (i) work done or materials furnished by
others in connection with installation work performed without supervision by Seller's
installation supervisors, or (ii) equipment repaired or altered by others unless such
repairs or alterations were specifically agreed to in writing by an Officer of Seller.
Seller shall not be liable for consequential damages of any kind which occur during
the course of installation of equipment, or which result from the use or misuse by
Buyer, its employees or others of the equipment supplied hereunder, and Buyer's
sole and exclusive remedy against Seller for any breach of the foregoing warranty
or otherwise shall be for the repair or replacement of the equipment or parts thereof
affected by such breach.
The foregoing warranty shall be valid and binding upon Seller if and only if Buyer
loads, operates and maintains the equipment supplied hereunder in accordance
with the instruction manual to be provided upon delivery of the equipment. Seller
does not guarantee the process of manufacture by Buyer or the quality of product to
be produced by the equipment supplied hereunder, and Seller shall not be liable for
prospective profits.
Despatch will repair or replace, at Despatch's option, FOB Despatch's factory, parts
and materials covered by this warranty. Despatch is not responsible for parts or
material failures resulting from misuse, abuse, inadequate preventive maintenance,
acts of nature, or non-conforming utilities, including electrical, fuel supply,
environmental and intake/exhaust provisions. This warranty also does not cover
normal wear or routine maintenance parts and materials expressly designed as
expendable/consumable and replaceable. (Note: Laboratory oven electric heaters
are warranted for a period of five [5] years from date of shipment; three [3] years
from date of shipment for Protocol Plus and DES 2000 temperature controllers.)
Labor services for parts and materials replacement and repair to support this
warranty are available at Despatch's normal service fees. This service is provided
worldwide by a network of factory trained professionals.
Transportation Costs
All transportation costs to transport defective parts or materials to Despatch, and to
transport repaired or replacement parts or materials to Customer, shall be the
responsibility of the Customer.
Terms and Conditions
This Warranty shall be deemed valid and binding upon Despatch if and only if the
Customer:
1. installs, loads, operates, and maintains the covered product supplied hereunder
in accordance with the instruction manual provided upon delivery and product
labeling affixed to the subject equipment:
2. if applicable, follows the Emergency Procedure set forth in this Warranty; and
3. contacts Despatch's Helpline at 1-800-473-7373 for assistance in diagnosing
and troubleshooting the problem immediately upon discovering any damage or
malfunction.
Despatch's reasonable determination as to whether a repair, replacement, or
service is covered by this Warranty shall be final and binding.
Exclusions
This Warranty DOES NOT cover:
1. damage or malfunctions, or expenses incurred in the process of diagnosing
and/or repairing damage or malfunctions, resulting from any of the following:
operator error, misuse, abuse, inadequate preventive maintenance, normal wear
and tear, service or modifications by other than Despatch authorized technicians,
use of the covered product that is inconsistent with the operation manual or
labeling, acts of nature (including, without limitation, floods, fire, earthquake, or
acts of war or civil emergency), internal or external corrosion, or non-conforming
utilities (including, without limitation, electrical, fuel supply, environmental and
intake/exhaust installations);
2. repair or replacement of parts or materials designed and intended to be
expendable or consumable;
3. routine maintenance; or
4. labor costs incurred for troubleshooting, diagnostics, or testing (except for testing
required to verify that a covered defective part or material has been repaired).
Limitations of Liability
Despatch shall not, in any event, be liable for indirect, special, consequential,
incidental, or punitive damages or penalties of any kind, including, without limitation
loss of revenue, profits or business opportunities resulting from interruption of
process or production. In no event shall Despatch be liable for damages in excess
of the amounts paid by Customer to Despatch with respect to the applicable
product(s). This Warranty does not cover, and Despatch shall not be liable for any
losses, costs, damages or expenses resulting from delays in diagnosing or
repairing the products, supplying or obtaining replacement parts or materials,
strikes, labor stoppages or shortages, fires, accidents, government acts or
regulations, or any other causes beyond the control of Despatch.
Non-Compliance By Customer
Despatch reserves the right to suspend and withhold service under this Warranty in
the event of non-compliance by the Customer to any terms and conditions of this
Warranty or the applicable purchase order or invoice. Further, Despatch shall not
be liable for any loss of production, expenses, and inconveniences incurred due to
such suspension.
Customer Furnished Equipment Warranty Limitation
This Warranty does not cover diagnosis or repairs of defects in or caused by, lack
of performance of, or fitness for purpose of customer-supplied parts or equipment
unless specifically noted in the Despatch written order acceptance confirmation.
Performance Commitment
Despatch provides no guarantee of process performance or fitness for purpose,
unless specifically noted otherwise in Despatch written order acceptance
confirmation. Despatch is providing equipment with design parameters specific only
to its equipment.
Procedure Upon Discovery of Defects and Emergencies
In the event Customer becomes aware of any defect in the applicable products,
Customer must immediately: (a) shut off fuel or energy supply (gas and electricity),
(b) call for emergency assistance, if needed, and (c) notify Despatch Service.
THE REPRESENTATION AND WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES AND DISCLAIMS
RELIANCE UPON, ALL OTHER REPRESENTATIONS AND WARRANTIES OF EVERY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, OR ARISING BY
OPERATION OF LAW OR IN EQUITY, OR BY COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
THIS WARRANTY IS PERSONAL TO THE CUSTOMER AND MAY NOT BE TRANSFERRED OR ASSIGNED. ALL LIMITATIONS HEREUNDER, HOWEVER, SHALL BE
BINDING ON ALL SUCCESSORS AND ASSIGNS OF CUSTOMER.