Emerson Rosemount FS-UVIR-975, Reference Manual

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Warranty
1. Limited Warranty . Subject to the limitations contained in Section 2 (Limitation of Remedy and Liability) herein, Seller
warrants that (a) the licensed firmware embodied in the Goods will execute the programming instructions provided by
Seller; (b) that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use
and care; and (c) Services will be performed by trained personnel using proper equipment and instrumentation for the
particular Service provided. The foregoing warranties will apply until the expiration of the applicable warranty period. The
flame simulator is warranted against defective parts and workmanship for 24 months from the date of purchase, the
battery for 12 months, and the charger for 6 months. Products purchased by Seller from a third party for resale to Buyer
(
Resale Products ) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no
liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of
the Resale Products. If Buyer discovers any warranty defects and notifies Seller thereof in writing during the applicable
warranty period, Seller shall, at its option, (i) correct any errors that are found by Seller in the firmware or Services; (ii)
repair or replace FOB point of manufacture that portion of the Goods found by Seller to be defective; or (iii) refund the
purchase price of the defective portion of the Goods/Services. All replacements or repairs necessitated by inadequate
maintenance; normal wear and usage; unsuitable power sources or environmental conditions; accident; misuse; improper
installation; modification; repair; use of unauthorized replacement parts; storage or handling; or any other cause not the
fault of Seller, are not covered by this limited warranty and shall be replaced or repaired at Buyer's sole expense and Seller
shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in
writing in advance by Seller. All costs of dismantling, re-installation, freight and the time and expenses of Seller's
personnel and representatives for site travel and diagnosis under this limited warranty clause shall be borne by Buyer
unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in
warranty for the remainder of the original warranty period or 90 days, whichever is longer. This limited warranty is the
only warranty made by Seller and can be amended only in a writing signed by an authorized representative of Seller. The
limited warranty herein ceases to be effective if Buyer fails to operate and use the Goods sold hereunder in a safe and
reasonable manner and in accordance with any written instructions from the manufacturers. THE WARRANTIES AND
REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH
RESPECT TO ANY OF THE GOODS OR SERVICES.
2. Limitation of Remedy and Liability SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE.
THE REMEDIES OF BUYER SET FORTH IN THE AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF
THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY,
OTHER TORT, OR OTHERWISE), SHALL SELLER'S LIABILITY TO BUYER AND/OR BUYER'S CUSTOMERS EXCEED THE PRICE TO
BUYER OF THE SPECIFIC GOODS MANUFACTURED OR SERVICES PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR
CAUSE OF ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER'S LIABILITY TO BUYER AND/OR BUYER'S CUSTOMERS
EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE TERM "CONSEQUENTIAL DAMAGES"
SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE, OR USE AND COSTS INCURRED
INCLUDING WITHOUT LIMITATION FOR CAPITAL, FUEL AND POWER, AND CLAIMS OF BUYER'S CUSTOMERS.
Release history
Revision Date Revision History
A June 2016 First release
B August 2017 Updated certification information.
C March 2018 Updated approval information and charging instructions.
DA February 2020 Updated approval marking.
DB September 2020 Updated battery power specifications, reorganized sections, changed
terminology, and added section on RoHS directive.
DC June 2021 Updated approvals.
DD November 2021 Added UK CA certification and reorganized chapters.
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