HALE SmartFOAM 1.7AHP, Description, Installation And Operation Manual

Page: 93 / 93

Page 92
SmartFOAM
EXPRESS 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 normal 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 a Hale approved 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 INCLUDED, WITHOUT LIMITATIONS, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OF 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 the 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 provider.

In such event, Buyer must notify HALE for a Returned Goods Authorization (“RGA”) number and Buyer must return
the Product F.O.B. to HALE.

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 COSEQUENTIAL DAMAGE(S) INCLUDING, WITHOUT LIMITATIONS, LOSS OF LIFE;
PERSONAL INJURY; DAMAGE TO REAL OR PERSONAL PROPERTY DUE TO WATER OR FIRE; TRADE OR OTHER
COMMERICAL LOSSES ARISING, DIRECTLY OR INDIRECTLY, OUT OF PRODUCT FAILURE.