Manual Part Number:
5-06-4900-74-0
Manual File:
023524 Rev. A
P a g e
|
13
6.4
APPENDIX E – Warranty
Neutronics Inc. warrants, subject to the terms listed below, that the goods will be free from
defects in design, materials, and workmanship for a period of (1) one year from the date that
the goods are shipped to the buyer.
THE SOLE LIABILITY OF NEUTRONICS INC. FOR ALL PURPOSES SHALL BE TO
REPAIR OR REPLACE, AT THE SOLE OPTION OF NEUTRONICS INC. , DEFECTS
APPEARING WITHIN THE (1) ONE YEAR PERIOD. NEUTRONICS INC. SHALL HAVE NO
OBLIGATION FOR REPAIR OR REPLACEMENT UNLESS NEUTRONICS INC. HAS
RECEIVED WRITTEN NOTICE OF THE ALLEGED DEFECT WITHIN THE (1) ONE YEAR
PERIOD AND THE DEFECTIVE GOODS ARE PROMPTLY RETURNED BY THE BUYER,
AT THEIR EXPENSE, TO NEUTRONICS INC. AT: 456 CREAMERY WAY, EXTON, PA
19341 USA, AND THE DEFECT OCCURS UNDER THE CIRCUMSTANCES OF PROPER
USE IN ACCORDANCE WITH ALL INSTRUCTIONS AND MANUALS PROVIDED TO THE
BUYER. NEUTRONICS INC. WILL DELIVER THE REPAIRED OR NEW GOODS TO THE
BUYER AT NEUTRONICS INC. EXPENSE. IN NO EVENT WILL NEUTRONICS INC. BE
LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM THE
DEFECTS OR FROM THE USE OF THE GOODS OR FROM CONSEQUENTIAL OR
INCIDENTAL DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR
PERSONAL INJURY OR PROPERTY DAMAGE OR ANY FINANCIAL LOSS.
Buyer shall be responsible for insuring that the goods are functioning properly at all times and
shall not use any goods which are not functioning properly. Buyer, therefore, agrees to
indemnify Neutronics Inc. from and against all losses and claims to or by any person or
property caused in any manner by the goods or the use of the goods, including any expenses
and attorney’s fees in connection with all claims, demands, proceedings, or other expenses.
Any description of the goods contained in any documents to which these warranty provisions
relate, including any quotations or purchase orders relating to the goods being delivered to the
buyer, are for the sole purpose of identifying the goods, and any such description, as well as
any sample or model which may have been displayed to or seen by the buyer at any time,
have not been made partof the basis of the bargain and have not created or amounted to any
express warranty that the goods would conform to any such description or any such sample
or model.
NEUTRONICS INC. DOES NOT WARRANT THAT THE GOODS ARE FREE OF THE
RIGHTFUL CLAIM OF ANY THIRD PERSON BY THE WAY OF INFRINGEMENT OF
PATENT OR OTHER PROPRIETARY INFORMATION AND DISCLAIMS ANY WARRANTY
AGAINST SUCH INFRINGEMENT.
It shall be the responsibility of the buyer to read carefully and abide by all instructions provided
to the buyer in the instruction manual or elsewhere. If the buyer, or the employees of the
buyer, did not abide by such instructions, then the alleged defect shall not be deemed to have
arisen under circumstances of proper use
.
The terms of these warranty provisions shall apply to all products sold by Neutronics
Inc., except filters which are considered “consumable items,” and as such are not
covered by the terms of these warranties. No waiver, alteration or modification of the
terms of these provisions shall be valid unless in writing and signed by an executive
officer of Neutronics Inc.
