Envirco Isoclean UV - Manual (Page 29)

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Operation Manual
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LIMITED WARRANTY
11.0. Limited Warranty
a)Unless otherwise set forth in the Sales Confirmation, Seller warrants to Buyer, for a period of twelve (12) months
following the date of delivery to the Delivery Location (the “Warranty Period”), that the Goods will be free from
defects in material and workmanship. Notwithstanding the foregoing, the Warranty Period for consumable Goods
shall in no event exceed recommended replacement intervals set forth in the Instructions (hereinafter defined). If,
prior to the expiration of the Warranty Period, Buyer informs Seller in writing of any breach of this limited warranty,
then Seller may repair or replace the Goods that gave rise to such breach or, in Seller’s sole and exclusive
discretion, refund the amounts that Buyer paid for such Goods.
The foregoing limited warranties do not apply to (i) any defect in Goods not manufactured by Seller; and (ii) any
Goods manufactured according to Buyer’s specifications.
(c) Buyer shall bear the costs of access, de-installation, re-installation and transportation of the Goods to Seller and
back to Buyer. Any repair or replacement pursuant to this limited warranty shall not extend the Warranty Period.
Seller does not warrant the Goods, or any repaired or replacement parts, against normal wear and tear. This
limited warranty and remedy are expressly conditioned upon: (i) Buyer’s payment of the purchase price in full, (ii)
Buyer giving written notice of the defect, reasonably described, to Seller within ten (10) days of the time when
Buyer discovers or ought to have discovered the defect, (iii) the storage, installation, operation, use, and
maintenance of the Goods in compliance with the published specifications and instructions provided by Seller or its
suppliers or subcontractors (the “Instructions”), (iv) the existence of proper records of Buyer’s operation and
maintenance of the Goods during the Warranty Period, (v) Buyer providing Seller with a reasonable opportunity to
examine the Goods and the aforementioned records, and (vi) the absence of any unauthorized modification or
repair of the Goods.
(d) Before any test may be used to evaluate the Goods, Buyer shall: (i) provide Seller with reasonable written
notification of such test, (ii) allow Seller to be present during such test, and (iii) receive Seller’s consent to the
conditions of such test, which consent will not be unreasonably withheld. If a test is performed on the Goods, and
Seller has not consented to the conditions of such test, then this limited warranty shall be void.
(e) THE REMEDIES SET FORTH IN THIS SECTION 8 ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES FOR
ANY FAILURE OF SELLER TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING
ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8. Correcting any defect in the
manner set forth in this Section 8 shall constitute complete fulfillment of Seller’s obligations and liabilities under the
Agreement following the delivery of the Goods, regardless of whether a claim is based in contract law, tort law
(including negligence, strict liability or otherwise), or other legal theory.
THE LIMITED WARRANTY SET FORTH IN THIS SECTION 8 IS EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED. EXCEPT AS SET FORTH IN THIS
SECTION 8, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO
ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Any other
oral or written statements, whether contained in general advertising or other printed material, do not constitute
warranties, and Buyer agrees that it is not entering into the Agreement in reliance upon any such statements.