Lighthouse ApexZ Series, Operator'S Manual

Page: 161 / 162

Lighthouse Worldwide Solutions ApexZ Operators Manual
248083466-1 R6 153
Appendix A: 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. 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 WITHRESPECT 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 ON
CONFORMITY 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.