Bird Technologies 4391A - Manual (Page 46)

Bird Technologies
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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 shipment 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 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. Routine (regularly required) calibration is not covered under this limited warranty. 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
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.