61
WARRANTY
CONTROLS, INC. is herein called “Seller”. The person, firm or corporation to whom or which the sale is
made is herein called “Buyer”. Seller warrants to the Buyer that all products furnished under this order
will conform to Seller’s
specification, drawings as described in its current catalog or quotation and will
be free from defects in materials and workmanship. Seller must approve other special requirements
asked for by the Buyer in its purchase order in writing. Parts replaced or repaired in the warranty
period shall carry the unexpired portion of the original warranty. The foregoing is subject to the
provisions that in no case will the total warranty period extend beyond twenty-four (24) months or two
thousand (2000) hours of use, whichever occurs first, from date seller ships equipment from point of
sale.
The Liability of Seller hereunder is limited to replacing or repairing at Seller’s factory any part or parts
which have been returned to the Seller and which are proved by buyer as defective or not conforming
to Seller’s specifications, drawings or other written descriptions, accepted by Seller, provided that such
part or parts are returned by the buyer within thirty (30) days after such defect is discovered. All items
returned to Seller for repair or replacement must be sent freight prepaid to its factory. Buyer must
obtain Seller’s Return Merchandise Authorization
Number prior to returning items. The above
conditions must be met if warranty is valid. Seller will not be liable for any damage done by
unauthorized repair work, or unauthorized misapplication in non-suitable environments.
In no event shall the Seller be liable for loss, damage, or expense directly or indirectly arising from the
use of the units, or from any other cause, except as expressly stated in the warranty. Seller makes no
warranties, expressed or implied, including any warranty as to merchantability of fitness for a particular
purpose or use. Seller is not liable for and buyer waives any right or action it has or may have against
seller for any consequential or special damages arising out of any breach of warranty, and for any
damages buyer may claim for damage to any property or injury or death to any person arising out of
its purchase or the use, operation or maintenance of the product. Seller will not be liable for any labor
subcontracted or performed by buyer for preparation of warranted item for return to Seller’s factory or
for preparation work for field repair or replacement. The Seller will not consider invoicing of Seller for
labor either performed or subcontracted by buyer as a liability. This warranty shall be exclusive of any
and all other warranties expressed or implied and may be modified only by a writing signed by an
officer of the Seller. With respect to accessories supplied by Seller, but manufactured by others, there
is no warranty of any kind, expressed or implied, and specifically there is no warranty of
merchantability or fitness, except as may be set forth in any warranty the manufactures have made to
Seller and which can be passed to the Buyer.
