Lake Shore Model 335 Temperature Controller User’s Manual
LIMITED WARRANTY STATEMENT
WARRANTY PERIOD: THREE (3) YEARS
1.
Lake Shore warrants that products manufactured by Lake Shore (the "Product") will be free from defects in materials and workmanship for
three years from the date of Purchaser's physical receipt of the Product (the "Warranty Period"). If Lake Shore receives notice of any such
defects during the Warranty Period and the defective Product is shipped freight prepaid back to Lake Shore, Lake Shore will, at its option,
either repair or replace the Product (if it is so defective) without charge for parts, service labor or associated customary return shipping cost
to the Purchaser. Replacement for the Product may be by either new or equivalent in performance to new. Replacement or repaired parts, or
a replaced Product, will be warranted for only the unexpired portion of the original warranty or 90 days (whichever is greater).
2.
Lake Shore warrants the Product only if the Product has been sold by an authorized Lake Shore employee, sales representative, dealer or an
authorized Lake Shore original equipment manufacturer (OEM).
3.
The Product may contain remanufactured parts equivalent to new in performance or may have been subject to incidental use when it is
originally sold to the Purchaser.
4.
The Warranty Period begins on the date of Purchaser's physical receipt of the Product or later on the date of operational training and
verification (OT&V) of the Product if the service is performed by Lake Shore, provided that if the Purchaser schedules or delays the Lake
Shore OT&V for more than 30 days after delivery then the Warranty Period begins on the 31st day after Purchaser's physical receipt of the
Product.
5.
This limited warranty does not apply to defects in the Product resulting from (a) improper or inadequate installation (unless OT&V services
are performed by Lake Shore), maintenance, repair or calibration, (b) fuses, software, power surges, lightning and non-rechargeable
batteries, (c) software, interfacing, parts or other supplies not furnished by Lake Shore, (d) unauthorized modification or misuse, (e)
operation outside of the published specifications, (f) improper site preparation or site maintenance (g) natural disasters such as flood, fire,
wind, or earthquake, or (h) damage during shipment other than original shipment to you if shipped through a Lake Shore carrier.
6.
This limited warranty does not cover: (a) regularly scheduled or ordinary and expected recalibrations of the Product; (b) accessories to the
Product (such as probe tips and cables, holders, wire, grease, varnish, feed throughs, etc.); (c) consumables used in conjunction with the
Product (such as probe tips and cables, probe holders, sample tails, rods and holders, ceramic putty for mounting samples, Hall sample
cards, Hall sample enclosures, etc.); or, (d) non-Lake Shore branded Products that are integrated with the Product.
7.
To the extent allowed by applicable law,, this limited warranty is the only warranty applicable to the Product and replaces all other
warranties or conditions, express or implied, including, but not limited to, the implied warranties or conditions of merchantability and
fitness for a particular purpose. Specifically, except as provided herein.
Lake Shore undertakes no responsibility that the products will be fit for any particular purpose for which you may be buying the Products.
Any implied warranty is limited in duration to the warranty period. No oral or written information, or advice given by the Company, its
Agents or Employees, shall create a warranty or in any way increase the scope of this limited warranty. Some countries, states or provinces
do not allow limitations on an implied warranty, so the above limitation or exclusion might not apply to you. This warranty gives you
specific legal rights and you might also have other rights that vary from country to country, state to state or province to province.
8.
Further, with regard to the United Nations Convention for International Sale of Goods (CISC,) if CISG is found to apply in relation to this
agreement, which is specifically disclaimed by Lake Shore, then this limited warranty excludes warranties that: (a) the Product is fit for the
purpose for which goods of the same description would ordinarily be used, (b) the Product is fit for any particular purpose expressly or
impliedly made known to Lake Shore at the time of the conclusion of the contract, (c) the Product is contained or packaged in a manner
usual for such goods or in a manner adequate to preserve and protect such goods where it is shipped by someone other than a carrier hired
by Lake Shore.
9.
Lake Shore disclaims any warranties of technological value or of non-infringement with respect to the Product and Lake Shore shall have
no duty to defend, indemnify, or hold harmless you from and against any or all damages or costs incurred by you arising from the
infringement of patents or trademarks or violation or copyrights by the Product.
10.
THIS WARRANTY IS NOT TRANSFERRABLE. This warranty is not transferrable.
11.
Except to the extent prohibited by applicable law, neither Lake Shore nor any of its subsidiaries, affiliates or suppliers will be held liable for
direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs) arising out of the use, inability
to use or result of use of the product, whether based in warranty, contract, tort or other legal theory, regardless whether or not Lake Shore
has been advised of the possibility of such damages. Purchaser's use of the Product is entirely at Purchaser's risk. Some countries, states and
provinces do not allow the exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.
12.
This limited warranty gives you specific legal rights, and you may also have other rights that vary within or between jurisdictions where the
product is purchased and/or used. Some jurisdictions do not allow limitation in certain warranties, and so the above limitations or
exclusions of some warranties stated above may not apply to you.
13.
Except to the extent allowed by applicable law, the terms of this limited warranty statement do not exclude, restrict or modify the
mandatory statutory rights applicable to the sale of the product to you.