BIRD THRULINE 4450, Operating Instructions & Parts List Manual

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LIMITED WAR RANTY
All prod ucts man u fac tured by Seller are war ranted to be free from de fects in ma te rial and work man ship for a pe riod of one
(1) year, un less oth er wise spec i fied, from date of ship ment and to con form to ap pli ca ble spec i fi ca tions, draw ings, blue prints
and/or sam ples. Seller’s sole ob li ga tion un der these war ran ties shall be to is sue credit, re pair or re place any item or part
thereof which is proved to be other than as war ranted; no al low ance shall be made for any la bor charges of Buyer for re place -
ment of parts, ad just ment or re pairs, or any other work, un less such charges are au tho rized in ad vance by Seller.
If Seller’s prod ucts are claimed to be de fec tive in ma te rial or work man ship or not to con form to spec i fi ca tions, draw ings,
blue prints and/or sam ples, Seller shall, upon prompt no tice thereof, ei ther ex am ine the prod ucts where they are lo cated or is -
sue ship ping in struc tions for re turn to Seller (trans por ta tion-charges pre paid by Buyer). In the event any of our prod ucts are
proved to be other than as war ranted, trans por ta tion costs (best way) to and from Seller’s plant, will be borne by Seller and
re im burse ment or credit will be made for amounts so ex pended by Buyer. Ev ery such claim for breach of these war ran ties
shall be deemed to be waived by Buyer un less made in writ ing within ten (10) days from the date of dis cov ery of the de fect.
The above war ran ties shall not ex tend to any prod ucts or parts thereof which have been sub jected to any mis use or ne glect,
dam aged by ac ci dent, ren dered de fec tive by rea son of im proper in stal la tion or by the per for mance of re pairs or al ter ations
out side of our plant, and shall not ap ply to any goods or parts thereof fur nished by Buyer or ac quired from oth ers at Buyer’s
re quest and/or to Buyer’s spec i fi ca tions. In ad di tion, Seller’s war ran ties do not ex tend to the fail ure of tubes, tran sis tors, fuses
and bat ter ies, or to other equip ment and parts man u fac tured by oth ers ex cept to the ex tent of the orig i nal man u fac turer’s war -
ranty to Seller.
The ob li ga tions un der the fore go ing war ran ties are lim ited to the pre cise terms thereof. These war ran ties pro vide ex clu sive
rem e dies, ex pressly in lieu of all other rem e dies in clud ing claims for spe cial or con se quen tial dam ages. SELLER NEI THER
MAKES NOR AS SUMES ANY OTHER WAR RANTY WHAT SO EVER, WHETHER EX PRESS, STAT U TORY,
OR IM PLIED, IN CLUDING WAR RANTIES OF MER CHANT ABIL ITY AND FIT NESS, AND NO PER SON IS
AU THO RIZED TO AS SUME FOR SELLER ANY OB LI GA TION OR LI A BIL ITY NOT STRICTLY IN AC COR -
DANCE WITH THE FOREGOING.