Gaumard Sales Terms and Conditions | 29
S230.200 ADVANCED ZACK™
|
USER GUIDE
for the cost of insurance paid to cover any losses from Gaumard’s shipment point to Customer’s receipt. Gaumard
will assist Customer in processing any loss claims. Gaumard shall use reasonable efforts to meet the specified
delivery dates. If Gaumard fails to make delivery within a reasonable time for reasons other than Customer’s fault
or circumstances beyond Gaumard’s reasonable control, then Customer’s only remedy is the right to terminate the
applicable Purchase Order, whereupon Gaumard will refund any prepayments received from Customer relating to
such Purchase Order.
5.
Installation and Acceptance. Product orders are subject to 1) written acceptance by Gaumard, 2) receipt
of specified deposits, as applicable and 3) continuing credit approval. If applicable, Gaumard will install Equipment
at an agreed upon location ("Installation"). Installation shall be complete upon Gaumard's demonstration that the
Equipment meets Gaumard's then-current operating specifications ("Installation"). Installation is subject to Customer
cooperating in preparing and maintaining the site in compliance with Gaumard specifications, including but not
limited to, applicable electrical and other connection regulations and all environmental conditions. If Customer fails
to accept shipment of
Products other than for breach of warranty, Customer shall immediately pay the full purchase price as if shipment
and Installation had occurred. If Customer fails to accept Products and if Gaumard decides to store ordered Products,
Customer shall be responsible for Gaumard's reasonable insurance, handling, and storage charges. If Gaumard elects
not to store ordered Products, Gaumard may arrange shipment and storage in a bonded warehouse at Customer's
sole risk and expense.
6.
Delay of Performance. The Parties’ obligations under this Agreement are subject to force majeure, including
but not limited to, civil insurrection, terrorism, fire, flood, labor disputes, shortages, delays of suppliers or contractors,
or government priority systems, actions taken or threatened by any governmental agencies, acts of God or other
contingencies or acts not within the sole control of the Parties. Gaumard reserves the right during any shortage
period to (a) make Supplies available to Customer (as it sees fit) without any liability to Customer, and (b) to make
substitutions and modifications in the specification of any Products, provided such substitutions or modifications do
not materially affect the performance of Products.
7.
WARRANTIES. Gaumard warrants that if a Product proves to be defective in material or workmanship within
one year from the date on which title to the Product passes to the Customer (“Warranty Period”), Gaumard will,
at Gaumard's option, repair or replace the Gaumard product. This limited warranty covers all defects in material
and workmanship in the Gaumard product, except: (a) Damage resulting from accident, misuse, abuse, neglect,
or unintended use of the Gaumard product; (b) Damage resulting from failure to properly maintain the Gaumard
product in accordance with Gaumard product instructions, including failure to properly clean the Gaumard product;
and (c) Damage resulting from a repair or attempted repair of the Gaumard product by anyone other than Gaumard
or a Gaumard representative. Replacement parts are warranted for the remainder of the Warranty Period or ninety
(90) days from shipment, whichever is longer. Services are warranted to be supplied in a workman-like manner.
Gaumard does not warrant that use of the Products will be uninterrupted or error-free, or that the Products will
operate with non-Gaumard authorized third-party products. THE FOREGOING WARRANTIES ARE IN LIEU OF AND
EXCLUDE ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. SUCH LIMITED WARRANTY IS GIVEN SOLELY TO THE ORIGINAL CUSTOMER
AND IS NOT GIVEN TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, SUBSEQUENT PURCHASERS OR
USERS OF THE PRODUCTS OR CUSTOMERS OF THE CUSTOMER. THIS WARRANTY IS VOID UPON TRANSFER OF
PRODUCT BY CUSTOMER TO ANY OTHER ENTITY. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER. These warranties do not apply to any
Products that are supplied on a pre-release or “as-is” basis.
8.
Warranty Claims and Remedies. In the event of any warranty claim, Gaumard will replace with new or repaired
items any Product part or component that is in breach of the above limited warranties. Alternatively, Gaumard may
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