IV
-29
ROTARY GEAR PUMP
ELECTRONIC FOAM PROPORTIONING SYSTEM
Section
IV
: Operation
WARRANTY
LIMITED WARRANTY
EXPRESS WARRANTY. Hale Products Inc. (“Hale”) hereby warrants to the original buyer that
products manufactured by it are free of defects in material and workmanship for one (1)
year. The “Warranty Period” commences on the date the original buyer takes delivery of
the product from the manufacturer.
LIMITATIONS. HALE’S obligation is expressly conditioned on the Product being.
— Subjected to nominal use and service;
— Properly maintained in accordance with HALE’s Instruction Manual as to
recommended services and procedures;
— Not damaged due to abuse, misuse, negligence or accidental causes;
— Not altered, modified, serviced (non-routine) or repaired other than by an
Authorized Service Facility;
— Manufactured per design and specifications submitted by the original Buyer.
THE ABOVE EXPRESS LIMITED WARRANTY IS EXCLUSIVE. NO OTHER EXPRESS WARRANTIES ARE
MADE. SPECIFICALLY EXCLUDED ARE ANY IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATIONS, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR USE; QUALITY; COURSE OF DEALING; USAGE OF TRADE; OR PATENT
INFRINGEMENT FOR A PRODUCT MANUFACTURED TO ORIGINAL BUYER’S DESIGN AND
SPECIFICATIONS.
EXCLUSIVE REMEDIES. If Buyer promptly notifies HALE upon discovery of any such defect
(within the Warranty Period), the following terms shall apply:
— Any notice to HALE must be in writing, identifying the Product (or component)
claimed defective and circumstances surrounding its failure;
— HALE reserves the right to physically inspect the Product and require Buyer to return
same to HALE’S plant or other Authorized Service Facility;
— In such event, Buyer must notify HALE for a Returned Goods Authorization number
and Buyer must return the Product F.O.B. within (30) days thereof;
— If determined defective, HALE shall, at its option, repair or replace the Product, or
refund the purchase price (less allowance for depreciation),
— Absent proper notice
within the Warranty Period, HALE shall have no further liability
or obligation to Buyer therefore.
THE REMEDIES PROVIDED ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE. IN NO EVENT
SHALL HALE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING,
WITHOUT LIMITATION, LOSS OF LIFE; PERSONAL INJURY; DAMAGE TO REAL OR PERSONAL
PROPERTY DUE TO WATER OR FIRE; TRADE OR OTHER COMMERCIAL LOSSES ARISING,
DIRECTLY OR INDIRECTLY, OUT OF PRODUCT FAILURE.
