Bird Technologies BDS-Manual - Manual (Page 97)

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Limited Warranty
All products manufactured by Seller are warranted to be free from defects in material and workmanship for a period
of one year, unless otherwise specified, from date of shipment and to conform to applicable specifications, draw-
ings, blueprints and/or samples. Seller’s sole obligation under these warranties shall be to issue credit, repair or
replace any item or part thereof which is proved to be other than as warranted; no allowance shall be made for any
labor charges of Buyer for replacement of parts, adjustment or repairs, or any other work, unless such charges are
authorized in advance by Seller.
If Seller’s products are claimed to be defective in material or workmanship or not to conform to specifications, draw-
ings, blueprints and/or samples, Seller shall, upon prompt notice thereof, either examine the products where they
are located or issue shipping instructions for return to Seller (transportation-charges prepaid by Buyer). In the event
any of our products are proved to be other than as warranted, transportation costs (cheapest way) to and from
Seller’s plant, will be borne by Seller and reimbursement or credit will be made for amounts so expended by Buyer.
Every such claim for breach of these warranties shall be deemed to be waived by Buyer unless made in writing
within ten days from the date of discovery of the defect.
The above warranties shall not extend to any products or parts thereof which have been subjected to any misuse or
neglect, damaged by accident, rendered defective by reason of improper installation or by the performance of
repairs or alterations outside of our plant, and shall not apply to any goods or parts thereof furnished by Buyer or
acquired from others at Buyer’s request and/or to Buyer’s specifications. Routine (regularly required) calibration is
not covered under this limited warranty. In addition, Seller’s warranties do not extend to the failure of tubes, transis-
tors, fuses and batteries, or to other equipment and parts manufactured by others except to the extent of the origi-
nal manufacturer’s warranty to Seller.
The obligations under the foregoing warranties are limited to the precise terms thereof. These warranties provide
exclusive remedies, expressly in lieu of all other remedies including claims for special or consequential damages.
SELLER NEITHER MAKES NOR ASSUMES ANY OTHER WARRANTY WHATSOEVER, WHETHER EXPRESS, STATUTORY, OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS, AND NO PERSON IS AUTHORIZED TO
ASSUME FOR SELLER ANY OBLIGATION OR LIABILITY NOT STRICTLY IN ACCORDANCE WITH THE FOREGOING.