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14.
WARRANTY AND LIABILITY
For the USA
Limited Warranty
Subject to the limitations set forth herein, FLI represents and warrants that the Products (including the
Sensor, if applicable) will correspond, at the time of delivery, to the specifications provided to FLI by
Purchaser, and shall be free from defects in material and workmanship (the “Limited Warranty”). Such
Limited Warranty shall remain in effect for a period of two (2) years from the date Purchaser takes
delivery of such Products; provided, however, that such Limited Warranty as it relates exclusively to
the Sensor (which shall be supplied by a third party manufacturer), if and as included in a Product, shall
remain in effect for such length of time as the original manufacturer’s warranty shall be in effect.
Therefore, for example purposes only, if there shall be eight months remaining on the original
manufacturer’s warranty for the Sensor at the time Purchaser takes delivery of a Product which
incorporates such Sensor, then the Limited Warranty hereunder as it relates exclusively to the Sensor
shall be in effect for eight months. FLI shall inform Purchaser of the length of time remaining on the
original manufacturer warranty for the Sensor at the time the applicable Product is delivered to
Purchaser.
Conditions
The Limited Warranty specified above is subject to the following conditions:
•
FLI shall be under no liability with respect to defects arising in the Products as a result of any
incorrect drawing, design, or specification supplied by Purchaser;
•
FLI shall have no liability with respect to any defect which arises from wear and tear, willful
damage, negligent or abnormal use of the Product, mishandling of the Product, Force Majeure
Events, or failure to comply with FLI’s instructions regarding the use and maintenance of the
Product, including, but not limited to, all written instructions, and all instructions contained in
the Documentation;
•
the Limited Warranty shall be limited to the Products themselves, and FLI shall have no liability
with respect to any damages whatsoever which are caused to, or by, third party (or Purchaser’s)
parts, materials, or systems, as a result of or in connection with the integration or use of the
Products.
Warranty Enforcement
To avail itself of the rights provided under the Limited Warranty, the Purchaser must submit, in writing,
a detailed report regarding the defect exhibited by the particular Product (a “Defect Report”). Such
Defect Report shall be submitted to FLI at
, with a copy of such Defect Report
furnished to FLI by certified mail, or regular mail with return receipt requested, at the address listed
below.
Purchaser shall have the burden of proving the defect is covered by the Limited Warranty. FLI shall
have sole discretion to determine whether the Limited Warranty applies to any defect reported by
Purchaser.
