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FastSCAN
15
Limited Warranty and Limitation of Liability
15.1
Polhemus warrants that the Systems shall be free from defects in material and work-
manship for a period of one year from the date ownership of the System passed from
Polhemus to Buyer. Polhemus shall, upon notification within the warranty period,
correct such defects by repair or replacement with a like serviceable item at Polhe-
mus’ option. This warranty shall be considered void if the System is operated other
than in accordance with the instructions in Polhemus’ User Manual or is damaged by
accident or mishandling. Parts or material which are clearly expendable or subject
to normal wear beyond usefulness within the warranty period such as lamps, fuses,
etc., are not covered by this warranty.
15.2
In the event any System or portion thereof is defective, Buyer shall, within the war-
ranty period, notify Polhemus in writing of the nature of the defect, remove the de-
fective parts and, at the direction of Polhemus Customer Service, ship such parts to
Polhemus. Upon determination by Polhemus that the parts or Systems are defective
and covered by the warranty set forth above, Polhemus, at its option shall repair or
replace the same without cost to Buyer. Buyer shall pay all charges for transporta-
tion and delivery costs to Polhemus’ factory for defective parts where directed to be
sent to Polhemus, and Polhemus shall pay for transportation costs to Buyer’s facility
only for warranty replacement parts and Systems. Removed parts covered by claims
under this warranty shall become the property of Polhemus.
15.3
In the event that allegedly defective parts are found not to be defective, or not cov-
ered by warranty, Buyer agrees that Polhemus may invoice Buyer for all reasonable
expenses incurred in inspecting, testing, repairing and returning the Systems and that
Buyer will pay such costs on being invoiced therefor. Buyer shall bear the risk of loss
or damage during transit in all cases.
15.4
Any repaired or replaced part or System shall be warranted for the remaining period
of the original warranty or thirty (30) days, whichever is longer.