WARRANTY AND LIMITATION OF LIABILITY
Includes software provided by Pacific Scientific
Pacific Scientific warrants its motors and controllers (“Product(s)”) to the original
purchaser (the “Customer”), and in the case of original equipment manufacturers or
distributors, to their original consumer (the “Customer”) to be free from defects in
material and workmanship and to be made in accordance with Customer’s
specifications which have been accepted in writing by Pacific Scientific. In no
event, however, shall Pacific Scientific be liable or have any responsibility under
such warranty if the Products have been improperly stored, installed, used or
maintained, or if customer has permitted any unauthorized modifications,
adjustments, and/or repairs to such Products. Pacific Scientific’s obligation
hereunder is limited solely to repairing or replacing (at its option), at its factory
any Products, or parts thereof, which prove to Pacific Scientific’s satisfaction to be
defective as a result of defective materials or workmanship, in accordance with
Pacific Scientific’s stated warranty, provided, however, that written notice of
claimed defects shall have been given to Pacific Scientific within two (2) years
after the date of the product date code that is affixed to the product, and within
thirty (30) days from the date any such defect is first discovered. The products or
parts claimed to be defective must be returned to Pacific Scientific, transportation
prepaid by Customer, with written specifications of the claimed defect. Evidence
acceptable to Pacific Scientific must be furnished that the claimed defects were not
caused by misuse, abuse, or neglect by anyone other than Pacific Scientific.
Pacific Scientific also warrants that each of the Pacific Scientific Motion Control
Software Programs (“Program(s)”) will, when delivered, conform to the
specifications therefore set forth in Pacific Scientific’s specifications manual.
Customer, however, acknowledges that these Programs are of such complexity and
that the Programs are used in such diverse equipment and operating environments
that defects unknown to Pacific Scientific may be discovered only after the
Programs have been used by Customer. Customer agrees that as Pacific
Scientific’s sole liability, and as Customer’s sole remedy, Pacific Scientific will
correct documented failures of the Programs to conform to Pacific Scientific’s
specifications manual. PACIFIC SCIENTIFIC DOES NOT SEPARATELY
WARRANT THE RESULTS OF ANY SUCH CORRECTION OR WARRANT
THAT ANY OR ALL FAILURES OR ERRORS WILL BE CORRECTED OR
WARRANT THAT THE FUNCTIONS CONTAINED IN PACIFIC
SCIENTIFIC’S PROGRAMS WILL MEET CUSTOMER’S REQUIREMENTS
OR WILL OPERATE IN THE COMBINATIONS SELECTED BY CUSTOMER.
This warranty for Programs is contingent upon proper use of the Programs and
shall not apply to defects or failure due to: (i) accident, neglect, or misuse; (ii)
failure of Customer’s equipment; (iii) the use of software or hardware not provided
by Pacific Scientific; (iv) unusual stress caused by Customer’s equipment; or (v)
any party other than Pacific Scientific who modifies, adjusts, repairs, adds to,
deletes from or services the Programs. This warranty for Programs is valid for a
period of ninety (90) days from the date Pacific Scientific first delivers the
Programs to Customer.
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