ESPEC BTL-433, Instruction Manual

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Criterion Series Benchtop User’s Manual
51
This warranty policy is applicable to chamber
models beginning with ES, EN, ETS and BT.
ACCEPTANCE LIMITED TO FOLLOWING TERMS
:
A party seeking to purchase ESPEC NORTH
AMERICA, INC. products (the “Buyer”) is strictly
limited to the following terms. These terms supersede
all prior agreements and understandings between the
parties, and these terms shall not be varied or waived
without the express written authorization of ESPEC
NORTH AMERICA, INC. (“ESPEC”).
TECHNICAL
INFORMATION/SPECIFICATIONS
: All
commercial and technical details and
information furnished by ESPEC relating to its
products, including without limitation, drawings,
weights and dimensions, and all performance
specifications quoted by ESPEC, are
approximations only unless specifically provided
to the contrary.
PRICES
: The prices for goods to be sold do not
include sales, use, excise or any other taxes, charges
or expenses related to the sale, delivery, use or
consumption of the goods to be sold. The Buyer
agrees to directly pay when due all such taxes,
charges or expenses to the extent possible and to
promptly reimburse ESPEC for all such taxes,
charges or expenses which ESPEC pays.
The prices for the goods to be sold are based on
details, information and specifications provided by the
Buyer, including without limitation, the delivery date
and place for the goods, engineering standards and
installation site conditions. All such details,
information and specifications are assumed to be
proper, correct and complete. Any addition to or
impropriety, incorrectness, incompleteness or change
in any such details, information and specifications
may result in a change in the purchase price for the
goods sold, which change ESPEC may unilaterally
make and Buyer shall pay.
Except as otherwise specifically provided, the
purchase price shall be paid by the Buyer in U.S.
dollars.
PAYMENT TERMS
: Full payment for the goods shall
be due within 30 days after ESPEC delivers the
goods alongside the carrier at ESPEC’s plant.
ESPEC may impose a late charge for each payment
under a Contract of Sale not made when due in an
amount not to exceed 5% and may charge interest on
any late payment from the due date at the highest
rate permitted by law.
Buyer shall repay ESPEC all attorney’s fees ESPEC
incurs collecting late payments or unpaid accounts.
LIMITED WARRANTY
: A limited warranty is given by
ESPEC to the original buyer of new ESPEC equipment.
Subject to the conditions and limitations below, ESPEC
warrants that the equipment manufactured by ESPEC is
free from defects in material and workmanship which
would render the equipment unfit for normal and
recommended use.
This limited warranty is effective only for the 360 days
after the date of shipment. During this period, ESPEC
will provide repaired or replacement parts without charge.
This warranty covers all components, labor, installation
and associated expenses for the replacement parts,
subject to the exceptions below.
This limited warranty does not cover:
1) Parts, labor and installation for the
following components: light bulbs, port
plugs, fuses, deionizer cartridges, wiper
blades, plug-in relays, wick socks, water
filters, plug-in timers, fasteners, recorder
pens, chart paper, nor water level, flow
regulated or height level adjustments.
2) Defects or damages arising as the result of
shipment by common carriers or private
transportation unless ESPEC contractually
assumes the risk of damage to the equipment
during shipment.
3) Defects, damages or malfunctions caused by
parties other than ESPEC, including but not
limited to defects, damages or malfunctions
arising as the result of improper utilities,
mishandling, modification, abuse, misuse,
neglect, intentional damage, improper repair,
loss of refrigerant or improper maintenance,
start-up or installation of the equipment.
4) Defects or damages arising as the result of
accident, flood, fire, earthquake or other act of
God.
This is the EXCLUSIVE remedy as between you and the
Company with respect to the equipment provided to you,
and ESPEC SHALL NOT BE LIABLE FOR LOSS OR
DAMAGE TO PROPERTY INCLUDING LOSS OR
DAMAGE CAUSED BY FIRE OR EXPLOSION OR FOR
ANY ASSOCIATED INCIDENTAL OR
CONSEQUENTIAL LOSS OR EXPENSE, due directly or
indirectly to the use of the equipment.
Except as described above, ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, including the implied warranty
of MERCHANTABILITY are disclaimed and excluded.
This limited warranty is only valid in the contiguous states
of the United States of America and a 150 mile radius
from the following Canadian cities; Vancouver, Toronto,
Windsor and Ottawa.