Bird Technologies 4527 - Manual (Page 51)

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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 (1) year, unless otherwise specified, from date of ship-
ment and to conform to applicable specifications, drawings, 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 con-
form 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. Routine (regularly
required) calibration is not covered under this limited warranty. In addition, Seller’s war-
ranties 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 manu-
facturer’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 PER-
SON IS AUTHORIZED TO ASSUME FOR SELLER ANY OBLIGATION OR LIABILITY NOT
STRICTLY IN ACCORDANCE WITH THE FOREGOING.