MSA
Permanent Instrument Warranty
1. Warranty-
Seller warrants that this product
will be free from mechanical defect or faulty
workmanship for a period of eighteen (18)
months from date of shipment or one (1) year
from installation, whichever occurs first,
provided it is maintained and used in
accordance with Seller’s instructions and/or
recommendations. This warranty does not
apply to expendable or consumable parts
whose normal life expectancy is less than one
(1) year such as, but not limited to, non-
rechargeable batteries, filament units, filter,
lamps, fuses etc. The Seller shall be released
from all obligations under this warranty in the
event repairs or modifications are made by
persons other than its own or authorized
service personnel or if the warranty claim
results from physical abuse or misuse of the
product. No agent, employee or representative
of the Seller has any authority to bind the
Seller to any affirmation, representation or
warranty concerning the product. Seller makes
no warranty concerning components or
accessories not manufactured by the Seller,
but will pass on to the Purchaser all warranties
of manufacturers of such components.
THIS
WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED, IMPLIED OR
STATUTORY, AND IS STRICTLY LIMITED
TO THE TERMS HEREOF. SELLER
SPECIFICALLY DISCLAIMS ANY
WARRANTY OF MERCHANTABILITY OR OF
FITNESS FOR A PARTICULAR PURPOSE.
2. Exclusive Remedy-
It is expressly agreed
that Purchaser’s sole and exclusive remedy for
breach of the above warranty, for any tortious
conduct of Seller, or for any other cause of
action, shall be the repair and/or replacement
at Seller’s option, of any equipment or parts
thereof, which after examination by Seller is
proven to be defective. Replacement
equipment and/or parts will be provided at no
cost to Purchaser, F.O.B. Seller’s Plant.
Failure of Seller to successfully repair any
nonconforming product shall not cause the
remedy established hereby to fail of its
essential purpose.
3. Exclusion of Consequential Damage-
Purchaser specifically understands and agrees
that under no circumstances will seller be liable
to purchaser for economic, special, incidental
or consequential damages or losses of any
kind whatsoever, including but not limited to,
loss of anticipated profits and any other loss
caused by reason of non operation of the
goods. This exclusion is applicable to claims
for breach of warranty, tortuous conduct or any
other cause of action against seller.