BIRD 5012D, Operation Manual

Page: 46 / 46

38
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 reimbursement 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. Routine (regularly required) calibration is not covered
under this limited warranty. 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.