Fluid Components Intl ST51A, Installation, Operation & Maintenance Instruction Manual

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ST51A/ST75A/ST75AV Mass Flow Meters APPENDIX D – CUSTOMER SERVICE
Fluid Components International LLC 105
WARRANTIES
Goods furnished by the Seller are to be within the limits and of the sizes published by the Seller and subject to the Seller’s standard
tolerances for variations. All items made by the Seller are inspected before shipment, and should any of said items prove defective
due to faults in manufacture or performance under Seller approved applications, or fail to meet the written specifications accepted by
the Seller, they will be replaced or repaired by Seller at no charge to Buyer provided return or notice of rejection of such material is
made within a reasonable period but in no event longer than two (2) years from date of shipment to Buyer, and provided further, that
an examination by Seller discloses to Seller’s reasonable satisfaction that the defect is covered by this warranty and that the Buyer
has not returned the equipment in a damaged condition due to Buyer’s or Buyer’s employees’, agents’, or representatives’ negligence
and Buyer has not tampered, modified, redesigned, misapplied, abused, or misused the goods as to cause the goods to fail. In
addition, this warranty shall not cover damage caused by Buyer’s exposure of the goods to corrosive or abrasive environments.
Moreover, Seller shall in no event be responsible for (1) the cost or repair of any work done by Buyer on material furnished hereunder
(unless specifically authorized in writing in each instance by Seller), (2) the cost or repair of any modifications added by a Distributor or
a third party, (3) any consequential or incidental damages, losses, or expenses in connection with or by reason of the use of or inability
to use goods purchased for any purpose, and Seller’s liability shall be specifically limited to free replacement, or refund of the
purchase price, at Seller’s option, provided return or rejection of the goods is made consistent with this paragraph, and the Seller shall
in no event be liable for transportation, installation, adjustment, loss of good will or profits, or other expenses which may arise in
connection with such returned goods, or (4) the design of products or their suitability for the purpose for which they are intended or
used. Should the Buyer receive defective goods as defined by this paragraph, the Buyer shall notify the Seller immediately, stating full
particulars in support of his claim, and should the Seller agree to a return of the goods, the Buyer shall follow Seller’s packaging and
transportation directions explicitly. In no case are the goods to be returned without first obtaining a return authorization from the Seller.
Any repair or replacement shall be at Seller’s factory, unless otherwise directed, and shall be returned to Seller transportation prepaid
by Buyer. If the returned goods shall prove defective under this clause they will be replaced or repaired by Seller at no charge to Buyer
provided the return or rejection of such material is made within a reasonable period, but in no event longer than (2) years from the date
of shipment of the returned goods or the unexpired terms of the original warranty period whichever is later. If the goods prove to be
defective under this paragraph, the Buyer shall remove the goods immediately from the process and prepare the goods for shipment
to Seller. Continued use or operation of defective goods is not warranted by Seller and damage occurring due to continued use or
operation shall be for Buyer’s account. Any description of the goods contained in this offer is for the sole purpose of identifying them,
and any such description is not part of the basis of the bargain, and does not constitute a warranty that the goods will conform to that
description. The use of any sample or model in connection with this offer is for illustrative purposes only, is not part of the basis of the
bargain, and is not to be construed as a warranty that the goods will conform to the sample or model. No affirmation of that fact or
promise made by the Seller, whether or not in this offer, will constitute a warranty that the goods will conform to the affirmation or
promise. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES WITH
RESPECT TO THE GOODS OR THEIR INSTALLATION, USE, OPERATION, REPLACEMENT OR REPAIR, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE; AND THE GOODS ARE BEING PURCHASED BY
BUYER “AS IS”. SELLER WILL NOT BE LIABLE BY VIRTUE OF THIS WARRANTY OR OTHERWISE FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OR LOSS OF USE OF THE GOODS.