Terms and Conditions
Entek IRD 6600 Series Protection Monitors
ix
6.
CUSTOMER RESPONSIBILITIES. Customer shall be solely responsible for the accuracy and
adequacy of the information provided to Entek IRD, and Entek IRD shall not be liable for any
damages resulting from the loss, disclosure or inaccuracy of such information. Customer shall,
for those contracts which include on site installation, have the installation site prepared at its
expense prior to the scheduled installation date to enable Entek IRD to promptly deliver and
commence installation. The equipment is not for use in or with any nuclear facility, unless the
Quotation expressly permits such use; and Customer shall indemnify and hold Entek IRD
harmless from all liability (including such liability resulting from Entek IRD’s negligence)
arising out of such improper use. Customer shall not send or use the products outside the United
States except in compliance with all applicable law, including U.S. export regulations and
restrictions.
7.
SOFTWARE AND SERVICES DOCUMENTS. If any computer software, whether
incorporated into a piece of equipment ("firmware"),or provided separately, and related user
documentation in any medium (together referred to as "Software") are included in the contract,
the terms of the Entek IRD Standard Software License Agreement shall govern the contract with
respect to Software. If any services are included in the contract, the Entek IRD Standard Field
Engineering Services Terms and Conditions shall govern such services. Those documents are
available to Customer upon request, and Customer is responsible to obtain and read the Standard
Software License Agreement and the Standard Field Engineering Services Terms and Conditions.
8.
LIMITED WARRANTIES AND REMEDIES.
A. Entek IRD warrants to Customer (and not anyone else) that all equipment manufactured by
Entek IRD shall be free of defects in materials and workmanship under normal conditions for a
period of one (1) year from the date of shipment (except that items with limited life such as
batteries and lamps are warranted for 90 days from date of shipment).
B. With respect to any Entek equipment which fails to satisfy the limited warranty provisions in
this Section, as Customer's exclusive remedy, and at Entek IRD's option, Entek IRD will repair or
replace the product or refund its purchase price, provided that any defect in the product is
brought to the attention of Entek IRD within the warranty period. To qualify for this warranty
Customer must return the defective product to Entek IRD’s designated facility freight prepaid,
and after repair or replacement Entek IRD will return the product freight prepaid; or, if in Entek
IRD’s opinion the product is impractical to ship, Customer shall be charged for labor,
transportation and subsistence expenses for the service representative(s) providing the warranty
work at Customer’s site. Entek IRD alone will be authorized to furnish or arrange for repairs or
replacements.
C. The above limited warranties do not apply, and no warranty, either express or implied, shall be
applicable, (a) to damage resulting from accident, alteration, misuse or abuse, harmful conditions
or Act of God; (b) if the product is not installed, operated and maintained according to procedures
recommended by Entek IRD; or (c) if the Entek IRD serial number is obliterated. In no case shall
the limited warranty extend to defects in materials, components, or services furnished by third
parties or to the repair or installation of the product performed by third parties. The above
warranties do not extend to any equipment sold "as-is" or "as-inspected;” no warranties, either
express or implied, are made with respect to such products.
D. Entek IRD makes no representations or warranties to Customer, or anyone else, with respect to
equipment manufactured by a third party. Any warranties of the third party manufacturers shall
run directly to Customer to the extent permitted by law and Entek IRD shall have no liability
therefor.
E. The limited warranties in this Section constitute Entek IRD's entire warranty as to the products
provided hereunder. ENTEK IRD HEREBY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING CONFORMITY TO ANY REPRESENTATION OR
DESCRIPTION AND INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR ANY PARTICULAR PURPOSES WHATSOEVER.
