Galvanic Applied Sciences MONITEK MESSENGER, User Manual

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6.8 Manufacturer’s Warranty Statement
Galvanic Applied Sciences Inc. (“Seller”) warrants that its products will be free
from defects in materials and workmanship under normal use and service in
general process conditions for 12 months from the date of Product start-up or 18
months from the date of shipping from Seller’s production facility, whichever
comes first (the “Warranty Period”). Products purchased by Seller from a third
party for resale to Buyer ("Resale Products") shall carry only the warranty
extended by the original manufacturer. Buyer agrees that Seller has no liability
for Resale Products beyond making a reasonable commercial effort to arrange
for procurement and shipping of the Resale Products. Buyer must give Seller
notice of any warranty claim prior to the end of the Warranty Period. Seller shall
not be responsible for any defects (including latent defects) which are reported to
Seller after the end of the Warranty Period.
THIS WARRANTY AND ITS REMEDIES ARE IN LIEU OF ALL OTHER
WARRANTIES OR CONDITIONS EXPRESSED OR IMPLIED, ORAL OR
WRITTEN, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WHICH SELLER SPECIFICALLY DISCLAIMS.
Seller’s obligation under this warranty shall not arise until Buyer notifies Seller of
the defect. Seller’s sole responsibility and Buyer’s sole and exclusive remedy
under this warranty is, at Seller’s option, to replace or repair any defective
component part of the product upon receipt of the Product at Seller’s production
facility, transportation charges prepaid or accept the return of the defective
Product and refund the purchase price paid by Buyer for that Product. If
requested by Buyer, Seller will use its best efforts to perform warranty services at
Buyer’s facility, as soon as reasonably practicable after notification by the Buyer
of a possible defect provided that Buyer agrees to pay for travel time, mileage
from the Seller’s facility or travel costs to the airport / train station closest to
Buyer’s facility plus all other travel fees, hotel expenses and subsistence.
Except in the case of an authorized distributor or seller, authorized in writing by
Seller to extend this warranty to the distributor’s customers, the warranty herein
applies only to the original purchaser from Seller (“Buyer”) and may not be
assigned, sold, or otherwise transferred to a third party. No warranty is made
with respect to used, reconstructed, refurbished, or previously owned Products,
which will be so marked on the sales order and will be sold “As Is”.
Limitations
These warranties do not cover:
• Consumable items such as lamps.
• Analyzer components which may be damaged by exposure to
contamination or fouling from the process fluid due to a process upset,