Maintenance
59
Exclusions
The Initial Warranty does not include damage to the product resulting from
accident, misuse, improper installation or operation, unauthorized or improper
repair, replacement or alteration (including but not limited to repairs,
replacements, or alterations made or performed by persons other than Seller’s
employees or authorized representatives), failure to provide (or use of improper)
maintenance, unreasonable or unintended use or abuse of the product, or
failure to follow written installation or operating instructions.
Buyer must return the product’s record of purchase to the Seller or one of
Seller’s authorized representatives within thirty (30) days of the date the product
is shipped by Seller to Buyer in order to make a claim under the Initial Warranty.
Notwithstanding anything contained herein to the contrary, all glassware,
including but not limited to reference thermometers, are expressly excluded
from the Initial Warranty.
Buyer’s sole remedies; Limitations on Seller’s Liability
Buyer’s sole and exclusive remedy under the Initial Warranty is strictly limited, in
Seller’s sole discretion, to either: (i) repairing defective parts; or (ii) replacing
defective parts. In either case, the warranty period for the product receiving a
repaired or replaced part pursuant to the terms of the Initial Warranty shall not
be extended. All repairs or replacements performed by Seller pursuant to these
Warranty Provisions shall be performed at one of the Seller’s facility in
Allentown, Pennsylvania, U.S.A. or at the facility of an authorized representative
of Seller, which location shall be determined by Seller in its sole discretion;
provided, however, that Seller may, in its sole discretion perform such repairs or
replacements at Buyer’s facility in which case Buyer shall pay Seller’s travel,
living and related expenses incurred by Seller in performing the repairs or
replacements at Buyer’s facility. As a condition precedent to Seller’s obligation
to repair or replace a product part under the Initial Warranty, Buyer shall
(i)promptly notify Seller in writing of any such defect; (ii) shall have returned the
product’s record of purchase to Seller or to Seller’s authorized representatives
within thirty (30) days of the date the product is shipped by the seller; and (iii)
assist Seller in all respects in its attempts to determine the legitimacy and basis
of any claims made by or on behalf of Buyer including but not limited to
providing Seller with access to the product to check operating conditions. If
Buyer does not provide such written notice to Seller within the Initial Warranty
period or fails to return the product’s record of purchase as set forth above,
Seller shall have no further liability or obligation to Buyer therefor. In no event
shall Seller’s liability under the Initial Warranty exceed the original purchase
price of the product which is the subject of the alleged defect.
THE REMEDIES PROVIDED IN THE INITIAL WARRANTY ARE THE SOLE AND
EXCLUSIVE REMEDIES AVAILABLE TO THE BUYER. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND EVEN IF THE SOLE
AND EXCLUSIVE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE FOR ANY