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T H E C O N T I N U O U S P O W E R C O M P A N Y
Page 19
WARRANTY
1. TIME AND SCOPE OF WARRANTY:
1.1 CIary Corporation hereby warrants all equipment shipped under this Agreement to be free from defective components and
workmanship for a period of 2 years following date of shipment. Accidental damage, misuse or normal wear shall not be
construed as a defect.
1.2 The date of shipment as used herein will be the date on Clary’s Bill of Lading. If no Bill of Lading is issued, the date of
shipment shall be shown on seller's shipping document.
1.3 No provision of this warranty shall cover equipment, which has been altered or modified from the original specifications to
which same was manufactured, unless authorized in writing.
2. LIMITS OF "IN-WARRANTY" SERVICE LIABILITY
2.1 Clary is obligated for two (2) years following date of shipment to replace any parts from equipment returned to the factory
which, in the opinion of authorized Clary personnel, are found to have been defective (the term "factory" as used herein
shall also include any field service centers which may be established by Clary). Clary is obligated for two (2) years following
date of shipment to provide service and/or adjustments to equipment returned to the factory. Batteries are guaranteed for a
period of one (1) year. The cost of shipping equipment to or from the factory is not covered under this warranty.
2.2 Equipment requiring in-warranty service must be returned to the factory with all transportation charges prepaid. Equipment
must be clearly tagged stating the nature of the trouble experienced and the disposition of the equipment after repair. The
equipment will be returned freight collect by Clary to the location specified via the best, least expensive carrier available, or
via customer's shipping instructions.
2.3 The nature of certain equipment installations may be such that it would be impractical or technically infeasible to remove
the Clary portion of the equipment from the customer's premises to the Clary factory. In such cases, and at the request of
the buyer, Clary will perform such service as can be satisfactorily rendered at buyers location. When equipment startup is
performed by Clary personnel, the buyer will be charged only for travel expenses incidental to the service call, provided that
the warranty is applicable. When equipment startup is not performed by Clary personnel, travel time will also be charged.
2.4 During the in-warranty period, no service charges shall be payable by the buyer for service performed other than for
service necessitated by accident, misuse, theft, abnormal line or source voltage fluctuations, abnormal conditions of
operation, damage by the elements or damage resulting from adjustments, repairs, modifications made by other than Clary
Authorized personnel, or the buyer's failure to reasonably maintain the equipment
THE FOREGOING WARRANTY IS EXCLUSIVE AND IS GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED. INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES OF BUYER SHALL BE LIMITED
TO THOSE PROVIDED HEREIN. IN NO EVENT WILL SELLER BE LIABLE FOR COLLATERAL OR CONSEQUENTIAL
DAMAGES. No person is authorized to assume in behalf of Clary any obligation or liability in connection with the sale,
warranty or service policy of any products manufactured and/or marketed by Clary Corporation beyond the warranty
description on the face hereof.
3.1 Clary Corporation reserves the right to make changes, additions. and/or improvements in its products without incurring any
obligation to install them on its products previously sold.