Ametek Thermox CEM O2/TM, User Manual

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Contents | xi
WARRANTY AND CLAIMS
We warrant that any equipment of our own manufacture or manufactured for us pursuant to our
specifications which shall not be, at the time of shipment thereof by or for us, free from defects
in material or workmanship under normal use and service will be repaired or replaced (at our
option) by us free of charge, provided that written notice of such defect is received by us within
twelve (12) months from date of shipment of portable analyzers or within eighteen (18) months
from date of shipment or twelve (12) months from date of installation of permanent equipment,
whichever period is shorter. All equipment requiring repair or replacement under the warranty
shall be returned to us at our factory, or at such other location as we may designate, transporta-
tion prepaid. We shall examine such returned equipment, and if it is found to be defective as a
result of defective materials or workmanship, it shall be repaired or replaced as aforesaid. Our
obligation does not include the cost of furnishing any labor in connection with the installation of
such repaired or replaced equipment or parts thereof, nor does it include the responsibility or cost
of transportation. In addition, instead of repairing or replacing the equipment returned to us as
aforesaid, we may, at our option, take back the defective equipment, and refund in full settlement
the purchase price thereof paid by Buyer.
The warranty shall not apply to any equipment (or part thereof) which has been tampered with or
altered after leaving our control or which has been replaced by anyone except us, or which has been
subject to misuse, neglect, abuse or improper use. Misuse or abuse of the equipment, or any part
thereof, shall be construed to include, but shall not be limited to, damage by negligence, accident,
fire or force of the elements. Improper use or misapplications shall be construed to include improper
or inadequate protection against shock, vibration, high or low temperature, overpressure, excess
voltage and the like, or operating the equipment with or in a corrosive, explosive or combustible
medium, unless the equipment is specifically designed for such service, or exposure to any other
service or environment of greater severity than that for which the equipment was designed.
The warranty does not apply to used or secondhand equipment nor extend to anyone other than
the original purchaser from us.
THIS WARRANTY IS GIVEN AND ACCEPTED IN LIEU OF ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AND WARRANTIES OF FITNESS
OR OF MERCHANTABILITY OTHER THAN AS EXPRESSLY SET FORTH HEREIN, AND OF ALL
OTHER OBLIGATIONS OR LIABILITIES ON OUR PART. IN NO EVENT SHALL WE BE LIABLE
UNDER THIS WARRANTY OR ANY OTHER PROVISION OF THIS AGREEMENT FOR ANY
ANTICIPATED OR LOST PROFITS, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES,
TIME CHANGES OR ANY OTHER LOSSES INCURRED BY THE ORIGINAL PURCHASER OR
ANY THIRD PARTY IN CONNECTION WITH THE PURCHASE, INSTALLATION, REPAIR OR
OPERATION OF EQUIPMENT, OR ANY PART THEREOF COVERED BY THIS WARRANTY OR
OTHERWISE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTIES OF FITNESS OR OF MERCHANTABILITY, AS TO ANY OTHER
MANUFACTURER’S EQUIPMENT, WHETHER SOLD SEPARATELY OR IN CONJUNCTION WITH
EQUIPMENT OF OUR MANUFACTURE. WE DO NOT AUTHORIZE ANY REPRESENTATIVE OR
OTHER PERSON TO ASSUME FOR US ANY LIABILITY IN CONNECTION WITH EQUIPMENT,
OR ANY PART THEREOF, COVERED BY THIS WARRANTY.