Thermo Electron 48C, Instruction Manual

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A-1
APPENDIX A
WARRANTY
Seller warrants that the Products will operate substantially in conformance with Seller's
published specifications, when subjected to normal, proper and intended usage by
properly trained personnel, for 13 months from date of installation or 12 months from
date of shipment, whichever is less
(the "Warranty Period"). Seller agrees during the
Warranty Period, provided it is promptly notified in writing upon the discovery of any
defect and further provided that all costs of returning the defective Products to Seller are
pre-paid by Buyer, to repair or replace, at Seller's option, defective Products so as to
cause the same to operate in substantial conformance with said specifications.
Replacement parts may be new or refurbished, at the election of Seller. All replaced parts
shall become the property of Seller. Shipment to Buyer of repaired or replacement
Products shall be made in accordance with the provisions of Section 5 above. Lamps,
fuses, bulbs and other expendable items are expressly excluded from the warranty under
this Section 8. Seller's sole liability with respect to equipment, materials, parts or
software furnished to Seller by third party suppliers shall be limited to the assignment by
Seller to Buyer of any such third party supplier's warranty, to the extent the same is
assignable. In no event shall Seller have any obligation to make repairs, replacements or
corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii)
accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by
Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes
external to the Products such as, but not limited to, power failure or electrical power
surges, (vi) improper storage of the Products or (vii) use of the Products in combination
with equipment or software not supplied by Seller. If Seller determines that Products for
which Buyer has requested warranty services are not covered by the warranty hereunder,
Buyer shall pay or reimburse Seller for all costs of investigating and responding to such
request at Seller's then prevailing time and materials rates. If Seller provides repair
services or replacement parts that are not covered by the warranty provided in this Section
8, Buyer shall pay Seller therefore at Seller's then prevailing time and materials rates.
ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR
ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS
PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT
SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT
PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND
CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS.
THE OBLIGATIONS CREATED BY THIS SECTION TO REPAIR OR REPLACE A
DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE
EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN
THIS SECTION 8, SELLER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS,
INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER
DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL
ACCOMPLISH ANY PARTICULAR RESULT.