FUTABA FDL01TU, Instruction Manual

Page: 12 / 83

xii
V
Returns
Futaba’s authorization must be obtained prior to return of any item for warranty or other
repair or replacement or credit and will reflect Futaba’s warranty service procedure.
Consumer’s warranty rights are governed by the terms of Futaba’s Limited Warranty, as
above described. Products returned for warranty repair or replacement or credit must be
carefully and securely packed for return, preferably in the original carton or equivalent. The
Consumer must also include in the carton a legible copy of the bill of sale or invoice which
shows the date of sale and the original Buyer’s and Consumer’s names, and also a letter
which gives the Consumer’s return address and contact telephone number, the model and
serial numbers of the product(s) returned, and a brief explanation of the problem or claimed
defect. Any returned products that are replaced by Futaba shall become the property of
Futaba. If after inspection Futaba determines the defect is not covered by its limited
warranty, Futaba will notify Consumer of its determination and will not undertake any
repairs or product replacement until Consumer agrees to pay for all necessary parts and
materials, labor (to be charged at Futaba’s standard repair rate then in effect), and other
expenses including all shipping charges and insurance. Futaba reserves the right to retain
possession of any product returned by Consumer because of defects not covered by
Futaba’s warranty until Futaba receives Consumer’s agreement as above noted or, if
Consumer wants the product returned without repair or replacement, Consumer reimburses
Futaba for all shipping and handling charges incurred by Futaba. Issuance of credit for
returned items shall be made at Futaba’s unfettered discretion. Consumer will not be
entitled to return defective goods for cash refunds. Consumer must inspect goods
immediately and no rejection or revocation of acceptance shall be permitted more than ten
(10) days after delivery to, or first use by, Consumer of the goods, whichever occurs first.
VI
Patents – Copyrights – Trademarks – Proprietary
Rights
If this product was manufactured according to designs or processes specified by Consumer,
Consumer shall indemnify and save Futaba, its affiliates, officers, agents, and employees,
harmless from any expense, loss, attorneys’ fees, costs, damages, or liability which may be
incurred as a result of actual or alleged infringement of patent, copyright, or trademark
rights. Furnishing of these products does not convey a license, implied or otherwise, under
any patent, copyright, or trademark right in which Futaba has an interest, nor does it convey
rights to trade secrets or any other proprietary information of Futaba.
VII
Limitation of Damages and Action
IN NO EVENT SHALL FUTABA BE LIABLE TO CONSUMER, OR ANY OTHER
PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES
RESULTING FROM THE USE OF OR INABILITY TO USE THIS PRODUCT,
WHETHER ARISING FROM BREACH OF WARRANTY OR NEGLIGENCE OF
FUTABA, OR OTHERWISE.
Any action hereunder must be commenced within one (1)
year of accrual of cause of action or be barred and forever waived. No modification or
alteration of Futaba’s Limited Warranty or any other provision of this paragraph or the
above paragraphs shall result from Futaba’s acknowledgment of any purchase order,
shipment of goods, or other affirmative action by Futaba toward performance following
receipt of any purchase order, shipping order, or other form containing provisions, terms, or
conditions in addition to or in conflict or inconsistent with any such provisions.