Lighthouse Worldwide Solutions ApexR02, Operating Manual

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248083447-1 Rev 1 B-1
B
Limited Warranty
Limitation Of Warranties:
A. Lighthouse Worldwide Solutions (LWS) warrants that all
equipment shall be free from defects in material and
workmanship under normal use for a period of two years from
date of shipment to Buyer except that LWS does not warrant that
operation of the software will be completely uninterrupted or
error free or that all program errors will be corrected. Buyer shall
be responsible for determining that the equipment is suitable for
Buyer’s use and that such use complies with any applicable
local, state, or federal law. Provided that Buyer notifies LWS in
writing of any claimed defect in the equipment immediately
upon discovery and any such equipment is returned to the
original shipping point, transportation charges prepaid, within
two years from date of shipment to Buyer and upon examination
LWS determines to its satisfaction that such equipment is
defective in material or workmanship, i.e. contains a defect
arising out of the manufacture of the equipment and not a defect
caused by other circumstances, including, but not limited to
accident, misuse, unforeseeable use, neglect, alteration,
improper installation, improper adjustment, improper repair, or
improper testing, LWS shall, at its option, repair or replace the
equipment, shipment to Buyer prepaid. LWS shall have
reasonable time to make such repairs or to replace such
equipment. Any repair or replacement of equipment shall not
extend the period of warranty. If the Instrument is modified or in
any way altered without the explicit written consent of LWS then
the warranty is null and void. This warranty is limited to a period
of two years, except as noted below, without regard to whether
any claimed defects were discoverable or latent on the date of
shipment. The length of warranty for pumps in hand held particle
counters is one (1) year. Batteries and accessories with all
products are warranted for one (1) year. Fuses and purge filters
carry no warranty. If a third party battery is used in the product,
the product warranty is null and void. If the battery is charged by
a third party battery charger the battery warranty is null and void.
B. If Buyer shall fail to pay when due any portion of the purchase
price or any other payment required from Buyer to LWS under
this contract or otherwise, all warranties and remedies granted
under this Section may, at LWS’s option, be terminated.
C. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN
LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES
AND COVENANTS, EXPRESS OR IMPLIED WITH
RESPECT TO THE EQUIPMENT AND ANY DEFECTS
THEREIN OF ANY NATURE WHATEVER, INCLUDING
AND WITHOUT LIMITATION WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. LWS SHALL NOT BE LIABLE FOR, AND
BUYER ASSUMES ALL RISK OF, ANY ADVICE OR
FAILURE TO PROVIDE ADVICE BY LWS TO BUYER
REGARDING THE EQUIPMENT OR BUYERS USE OF THE
SAME. UNDER NO CIRCUMSTANCES SHALL LWS BE
LIABLE TO BUYER UNDER ANY TORT, NEGLIGENCE,
STRICT LIABILITY, OR PRODUCT LIABILITY CLAIM
AND BUYER AGREES TO WAIVE SUCH CLAIMS. LWS’s
SOLE AND EXCLUSIVE LIABILITY AND BUYERS SOLE
AND EXCLUSIVE REMEDY, FOR ANY
NONCONFORMITY OR DEFECT IN THE PRODUCTS OR
ANYTHING DONE IN CONNECTION WITH THIS
CONTRACT, IN TORT, (INCLUDING NEGLIGENCE),
CONTRACT, OR OTHERWISE, SHALL BE AS SET FORTH
IN THE SUBSECTION A HEREOF AS LIMITED BY
SUBSECTION B HEREOF. THIS EXCLUSIVE REMEDY
SHALL NOT HAVE FAILED OF ITS ESSENTIAL PURPOSE
(AS THAT TERM IS USED IN THE UNIFORM
COMMERCIAL CODE) PROVIDED THAT THE SELLER
REMAINS WILLING TO REPAIR OR REPLACE
DEFECTIVE EQUIPMENT (AS DEFINED IN SUBSECTION
A) WITH A COMMERCIALLY REASONABLE TIME
AFTER RECEIVING SUCH EQUIPMENT. BUYER
SPECIFICALLY ACKNOWLEDGES THAT SELLER’S
PRICE FOR THE EQUIPMENT IS BASED UPON THE
LIMITATIONS OF LWS’S LIABILITY AS SET FORTH IN
THIS CONTRACT.
Warranty Of Repairs After
Initial Two (2) Year Warranty:
A. Upon expiration of the initial two-year warranty, all parts and
repairs completed by an authorized Lighthouse repair technician
are subject to a six (6) month warranty.
B. Other than the above, LWS makes no warranty of any kind,
expressed or implied, except that the products manufactured and
sold by LWS shall be free from defects in materials and
workmanship and shall conform to LWS’s specifications; Buyer
assumes all risk and liability resulting from use of the products
whether used singly or in combination with other products. If
instrument is modified or in any way altered without the explicit
written consent of LWS, then the warranty is null and void.
C. WARRANTY REPAIRS SHALL BE COMPLETED AT THE
FACTORY, BY AN AUTHORIZED SERVICE LOCATION,
BY AN AUTHORIZED SERVICE TECHNICIAN, OR ON
SITE AT BUYER’S FACILITY BY A LIGHTHOUSE
AUTHORIZED EMPLOYEE. BUYER PAYS FREIGHT TO
FACTORY; SELLER WILL PAY STANDARD RETURN
FREIGHT DURING THE WARRANTY PERIOD. BUYER
MAY SELECT A FASTER METHOD OF SHIPMENT AT ITS
OWN EXPENSE.