Bird Technologies 8401 - Manual (Page 27)

17
Limited Warranty
All products manufactured by Seller are warranted to be free from defects in
material and workmanship for a period of one (1) year, unless otherwise
specified, from date of shipment and to conform to applicable specifications,
drawings, blueprints and/or samples. Seller’s sole obligation under these war-
ranties 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 re-
pairs, 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, drawings, 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 (10) 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. In addition, Seller’s warranties do not extend to the
failure of tubes, transistors, fuses and batteries, or to other equipment and
parts manufactured by others except to the extent of the original manufactur-
er’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.