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DID301-302 Installation, Operation & Maintenance Manual (USA) (06/2015)
7 - Representations and Warranties
7.1 Manufacturer’s Representations & Warranties
MANUFACTURER’S REPRESENTATIONS AND WARRANTIES
TROX USA, INC.
4305 Settingdown Circle
Cumming, GA 30028
Phone: +1 (770) 569 1433
Fax: +1(770) 569 1435
These Representations
and Warranties are applicable to all customers (the “Customers” and each, indi
vidually, a
“Customer”) purchasing products (the “Products”) manufactured by
TROX USA, Inc.
(the “Company”).
1.
Warranty and Limitations:
1.1.
Company warrants solely to the original purchaser of the Products that for the Warranty Period (as defined
below), the Products will be free from defects in materials and workmanship under normal use, and will conform to
Company’s published speci cations of the Products. Notwithstanding the foregoing, Company retains its right to deviate
from its published specifications due to the latest innovations and improvements in function and design of the Products.
The foregoing warranty is subject to the proper storage, transportation, installation, use and maintenance of the Products
and does not include defects due to normal wear and tear or deterioration, improper modifications of the Products,
improper construction of the surrounding facilities and unsuitable static, chemical, electrochemical or electrical conditions.
1.2.
In the event of any shipping and freight damages of the Product, Customer shall refer any claims to the shipping
company.
1.3.
Upon delivery, Customer shall immediately and within seven (7) working days inspect the Products for conformity
and visible defects (other than the shipping and freight damages described above in Section 1.2). Customer shall give
Company immediate written notice of any non-conformities or visible defects regarding the Products, including
photographs of the same, and contact Company in writing concerning return or repair, as the case may be. In order to
make a determination regarding the existence of the alleged defect or non-conformity and the proper remedy thereof, the
Company shall have the right to inspect the Products
at Customer’s premises
. In the event that the Customer refuses to
give Company access to its premises in order to inspect the Products, Customer shall lose all warranty claims related to
the Products to be inspected.
1.4.
Any defect or non-conforming Product discovered upon delivery should immediately be stored in a safe place and
not be installed. If the defective or non-conforming Product is installed, TROX USA shall not be liable for any labor or
charges associated with installation or labor costs, unless specific prior authorization is issued in writing by an officer of
the Company.
1.5.
Customer shall notify Company in writing of any defects of the Products immediately upon discovery. Any defect
or non-compliant Product or part thereof should be put aside for inspection by the Company and should not be installed.
Company’s sole obligation under the foregoing warranty is, at Company’s option, to repair or correct any such covered
defect or to replace or exchange the Product. Customer shall bear all shipping and handling expenses related to the
return of the Products. Any repaired, corrected, replaced or exchanged Products shall be subject to the warranty set forth
in 1.1., following their repair, correction, replacement or exchange. If Company has received notification from Customer,
and no defects of the Product could be discovered, Customer shall bear the costs that Company incurred as a result of
the notice.
1.6.
With respect to orders made to custom, any defects of the Products caused by Customer’s speci cations are
excluded from the warranty set forth in 1.1.
1.7.
Company also makes no warranty that the Products manufactured under an order made to custom do not infringe
the intellectual property or other proprietary rights of any third party and Customer is solely responsible for assuring that
such Products do not so infringe.
1.8.
The “Warranty Period” begins on the
invoice date, and continues to be in effect for twelve (12) months.
1.9.
Company does not authorize any person or party to assume or create for it any other obligation or liability in
connection with the Products except as set forth herein.
1.10. All requests and notices under this Warranty shall be directed to:
TROX USA, Inc.
4305 Settingdown Circle
Cumming, GA 30028
Fax: +1(770) 569 1435
1.11. THE WARRANTY SET FORTH IN SECTION 1.1 IS MADE IN LIEU OF ALL OTHER WARRANTIES (WHETHER
EXPRESS OR IMPLIED), RIGHTS OR CONDITIONS, AND CUSTOMER ACKNOWLEDGES THAT EXCEPT FOR SUCH
LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED “AS IS.” COMPANY SPECIFICALLY DISCLAIMS, WITHOUT
LIMITATION, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF
DEALING OR TRADE USAGE.
2.
Limitation of Liability:
2.1.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE,
GOODWILL OR USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. COMPANY’S LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCTS. IT IS
AGREED AND ACKNOWLEDGED THAT THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS
BETWEEN COMPANY AND CUSTOMER, THAT COMPANY’S PRICING REFLECTS THIS ALLOCATION OF RISK,
AND BUT FOR THIS ALLOCATION AND LIMITATION OF LIABILITY, COMPANY WOULD NOT HAVE ENTERED INTO
THIS AGREEMENT.
2.2.
IN JURISDICTIONS THAT LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR EXCLUSION OF
REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OR DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED, THE LIMITATION OR EXCLUSION
OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET FORTH ABOVE ARE INTENDED TO APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT
VARY BY STATE, COUNTRY OR OTHER JURISDICTION.
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