Warranty
Services, Parts and Equipment Warranty.
Seller warrants that services, parts and equipment provided by Seller will be free of defects in materials or workmanship for a period of one (1) year from date of shipment or upon completion of work.
If performed on Buyer’s premises, Seller further warrants that such work shall be performed in accordance with Buyer’s safety policies, so long as such policies are provided to Seller prior to commencement of the work.
In no event shall Seller’s liability for warranty of parts which are not manufactured by Seller, be greater than the warranty liability assumed by the supplier or manufacturer of such component parts. In no event shall Seller be responsible for the expense of removing or reinstalling equipment.
Used Goods Warranty.
Seller warrants that used goods sold “as is” are functional at time of shipment.
Seller accepts no responsibility for damage or loss due to reuse of parts or equipment at buyer’s direction. Inspection Charge When Outside Warranty.
If Buyer asks Seller to open, examine, or test an item to determine if a problem is covered by warranty, Buyer will pay Seller the reasonable cost of opening, examining, and testing the item if Seller determines that the problem is not covered by warranty.
Limited Remedy.
The warranties stated above are expressly limited as follows. Seller’s entire liability and obligation to Buyer under this warranty shall be expressly limited to the repair, replacement or crediting, as Seller may choose at its sole discretion, of any defective or non-conforming products or items of which Buyer has first given written notice to Seller of such defect or non-conformity in the manner as provided below.
All travel time associated with a warranty service call will be billed according to Seller’s field service rates. All expenses associated with a warranty service call will be billed at cost.
Time spent at job site for a warranty service call will be billed at no charge. A non-warranty related service call performed in conjunction with a warranty service call and/or delays as a result of inaccessibility to the equipment will be billed in accordance to Seller’s field service rates.
Seller provides no warranties either expressed or implied in conjunction with a service call.
No claim under this warranty shall be valid unless, within thirty (30) days of the date upon which Buyer discovered or reasonably should have discovered the defect, Buyer furnishes Seller written notice describing in reasonable detail the non-conformity with the above warranties.
Absent such timely notice, Buyer shall be deemed to have waived any defect or non-conformity which could be determined based upon a reasonable inspection of the products.
Seller shall not be responsible for any removal, disassembly, transportation or re-installation of equipment, materials or structures required to provide access to permit cure of such non-conformities.
Seller shall perform all warranty work on Monday through Friday, on a single shift, straight time basis.
The premium portion of any over- or double- time hours shall be at the Buyer’s sole expense.
General Warranty Limitations.
The foregoing warranties are valid only if the product is stored, installed, operated and maintained in accordance with all reasonable instructions of Seller and with standard industry practice.
The foregoing warranties will not apply to defects that result from misuse, alteration, abuse, negligence, accident, acts of God, sabotage, improper assembly, installation, application, circuit protection, maintenance, or repair of the product by Buyer or others.
The warranties also will not apply if, without Seller’s consent, the product is subjected to tests other than those specified by Seller.
The warranties shall not apply to equipment or parts thereof which have been altered or repaired outside of Seller’s factory, without prior written authorization.
Should Buyer elect not to implement the full scope of repairs or services recommended by Seller, Seller makes no warranty and assumes no liability for any subsequent failure of such product.
This warranty shall not cover any item on which serial numbers have been altered, defaced or removed.
Maintenance and wear parts are not covered by this warranty and are the sole maintenance responsibility of Buyer.
Any claim or action for breach of any of the foregoing warranties must be brought within one (1) year after the claim or cause of action has accrued.
Seller’s liability on any claim of any kind arising out of or related to the product shall in no case exceed the purchase price of the goods or services which give rise to the claim.
Limit on travel mileage pay per mile if approved Limit on replacement hours if approved and rates Instructions for warranty claims
EXCEPT FOR THE ABOVE WARRANTIES, SELLER MAKES NO WARRANTY OF ANY KIND. THE ABOVE WARRANTIES ARE EXCLUSIVE AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE) ARE DISCLAIMED. THE ABOVE REMEDIES ARE BUYER’S EXCLUSIVE REMEDY FOR BREACH OF WARRANTY OR FOR ANY OTHER OBLIGATION ARISING BY OPERATION OF LAW OR OTHERWISE WITH RESPECT TO THE ORDER REGARDLESS OF WHETHER A CLAIM IS BASED ON CONTRACT LAW, TORT LAW (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) OR OTHER LEGAL THEORY. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF CUSTOMER INCLUDING WITHOUT LIMITATION LOSS OF USE OR UNDER-UTILIZATION OF LABOR OR FACILITIES OR LOSS OF REVENUE OR ANTICIPATED PROFITS.