Bird Technologies 4421-250 - Manual (Page 6)

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 reimburse-
ment 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 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.
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