Eurotherm Drives 590 DRV Digital, Product Manual, Page: 4 / 318

Terms & Conditions
EUROTHERM DRIVES INCORPORATED - TERMS AND CONDITIONS (ABRIDGED)
The following text will in no way alter or void the contents of the Eurotherm Drives, Inc. - Terms and Conditions of
Sale. It is only intended to clarify the responsibilities of each party.
Delivery, Title and Risk
. . . DELIVERY TO COMMON CARRIER OR POSTAL AUTHORITIES AT RESTON, VIRGINIA SHALL CONSTITUTE DELIVERY
AND PASSING OF TITLE TO THE CUSTOMER, WHO SHALL THEREAFTER BE RESPONSIBLE FOR DELAYS, LOSS OR
DAMAGE IN TRANSIT.
Warranty and Liability
A. Warranty of equipment found within 12 months after delivery thereof to be defective by reason of faulty materials, workmanship, or
design.
(i) The Customer will:
(a) notify Eurotherm Drives, Inc. within four weeks of the defect becoming apparent
(b) return the equipment forthwith, freight paid, to the premises of Eurotherm Drives, Inc. or
(c) at the option of Eurotherm Drives, Inc. make the equipment available at the Customer’s premises for attention by Eurotherm
Drives, Inc. personnel. Where the equipment is repaired on the Customer’s premises, the Customer accepts liability for the
payment of travel and subsistence expenses of Eurotherm Drives, Inc. personnel.
(ii) Eurotherm Drives, Inc. will:
(a) repair or (at its option) replace any equipment manufactured by Eurotherm Drives, Inc.
(b) for goods not manufactured by Eurotherm Drives, Inc., convey to the Customer only the benefits it may recover under any
guarantee the manufacturer gives to Eurotherm Drives, Inc.
B. Eurotherm Drives, Inc. accepts no liability under this clause:
(i) for damage sustained in transit, (liability for which is dealt with in paragraph 8 hereof);
(ii) for defects caused
(a) by not following the instructions supplied with the equipment during installation, operation or maintenance or
(b) by wear and tear, accident or misuse, improper operation or neglect or
(c) by fitting any equipment which does not comply with Eurotherm Drives, Inc. recommendations or
(d) otherwise as a result of failure of the Customer to comply in full with any manual or handbook containing the technical
specifications and operating instructions supplied by Eurotherm Drives, Inc. with the equipment;
(iii) where equipment has been used for an application other than that specified at the time the Order was acknowledged or not in
accordance with Eurotherm Drives, Inc. instructions;
(iv) where the Customer has failed to observe the terms of payment for the equipment and all other obligations imposed by these terms
and conditions.
C. Where equipment has been ordered, obtained or manufactured to the Customer’s own design or specification, Eurotherm Drives, Inc. can
accept no liability for any failure or defect in such equipment except insofar as such failure or defect arises directly as a result of the
failure of Eurotherm Drives, Inc. to follow the design or specification provided.
Eurotherm Drives, Inc. gives no warranty as to the fitness for any particular purpose of goods supplied to the Customer’s design or
specification.
The Customer shall indemnify Eurotherm Drives, Inc. in respect of all liability, loss or damage suffered by Eurotherm Drives, Inc. as a
result of Eurotherm Drives, Inc. following designs or specifications provided by the Customer including any such liability suffered as a
result of a claim by a third party for infringement of intellectual property rights.
D. Except as specifically set out herein, Eurotherm Drives, Inc. shall be under no liability in respect of the quality, conditions or description
of equipment or for any loss or damage howsoever caused to the Customer or to any other person and any term, condition or representa-
tion to the contrary whether express or implied by statute, common law or otherwise is hereby expressly excluded.
E. NO IMPLIED STATUTORY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL
APPLY.
590 DRV Digital DC Drive Product Manual
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