Immersion Coolers
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10. WARRANTY PROVISIONS
The following Warranty Provisions shall apply to products sold in North America by Julabo (“Seller”) to the entity
shown as buyer (“Buyer”) on Seller’s invoice.
1.
Initial Warranty. Upon Seller’s receipt of payment in full for the products and subject to Buyer’s
compliance with the terms of sale and any other agreement with Seller relating to the products, Seller warrants to
the Buyer that the products manufactured by the Seller are free from defects in material and workmanship for a
period not to exceed two (2) years or ten thousand (10,000) hours of operation, whichever comes first, from the
date the product is shipped by Seller to Buyer (the “Initial Warranty”).
2.
EXCLUSION OF ALL OTHER EXPRESS WARRANTIES; EXCLUSION OF ALL IMPLIED
WARRANTIES. OTHER THAN THE INITIAL WARRANTY, NO OTHER EXPRESS WARRANTIES ARE MADE.
ALL IMPLIED WARRANTIES OF EVERY TYPE AND KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE
EXCLUDED IN ALL RESPECTS AND FOR ALL PURPOSES. SELLER DISCLAIMS AND MAKES NO IMPLIED
WARRANTIES WHATSOEVER.
3.
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 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.
4.
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 Seller’s facility in Allentown, Pennsylvania, U.S.A. or
Vista, California, 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 one of Seller’s
authorized representatives within thirty (30) days of the date the product is delivered to Buyer; 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 therefore. 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.
