TSI Incorporated Q-TRAK 7575 Operation And Service Manual Download Page 3

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Copyright

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Address

TSI Incorporated / 500 Cardigan Road / Shoreview, MN 55126 / USA

Fax No.

(651) 490-3824

LIMITATION OF WARRANTY AND LIABILITY

(effective June 2011)

(For country-specific terms and conditions outside of the USA, please visi Seller warrants the goods sold hereunder, under normal use and service as described in
the operator's manual, shall be free from defects in workmanship and material for

24 months

, or if less, the length of time specified in the operator's manual, from the date

of shipment to the customer. This warranty period is inclusive of any statutory warranty.
This limited warranty is subject to the following exclusions and exceptions:

a. Hot-wire or hot-film sensors used with research anemometers, and certain other

components when indicated in specifications, are warranted for 90 days from the date
of shipment;

b. Pumps are warranted for hours of operation as set forth in product or operator’s

manuals;

c. Parts repaired or replaced as a result of repair services are warranted to be free from

defects in workmanship and material, under normal use, for 90 days from the date of
shipment;

d. Seller does not provide any warranty on finished goods manufactured by others or on

any fuses, batteries or other consumable materials. Only the original manufacturer's
warranty applies;

e. Unless specifically authorized in a separate writing by Seller, Seller makes no warranty

with respect to, and shall have no liability in connection with, goods which are
incorporated into other products or equipment, or which are modified by any person
other than Seller.

The foregoing is

IN LIEU OF

all other warranties and is subject to the

LIMITATIONS

stated herein.

NO OTHER EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR

PARTICULAR PURPOSE OR MERCHANTABILITY IS MADE

WITH RESPECT TO

SELLER’S BREACH OF THE IMPLIED WARRANTY AGAINST INFRINGEMENT, SAID
WARRANTY IS LIMITED TO CLAIMS OF DIRECT INFRINGEMENT AND EXCLUDES
CLAIMS OF CONTRIBUTORY OR INDUCED INFRINGEMENTS. BUYER’S
EXCLUSIVE REMEDY SHALL BE THE RETURN OF THE PURCHASE PRICE
DISCOUNTED FOR REASONABLE WEAR AND TEAR OR AT SELLER’S OPTION
REPLACEMENT OF THE GOODS WITH NON-INFRINGING GOODS.

TO THE EXTENT PERMITTED BY LAW, THE EXCLUSIVE REMEDY OF THE USER OR
BUYER, AND THE LIMIT OF SELLER'S LIABILITY FOR ANY AND ALL LOSSES,
INJURIES, OR DAMAGES CONCERNING THE GOODS (INCLUDING CLAIMS BASED
ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) SHALL
BE THE RETURN OF GOODS TO SELLER AND THE REFUND OF THE PURCHASE
PRICE, OR, AT THE OPTION OF SELLER, THE REPAIR OR REPLACEMENT OF THE
GOODS. IN THE CASE OF SOFTWARE, SELLER WILL REPAIR OR REPLACE
DEFECTIVE SOFTWARE OR IF UNABLE TO DO SO, WILL REFUND THE PURCHASE
PRICE OF THE SOFTWARE. IN NO EVENT SHALL SELLER BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. SELLER
SHALL NOT BE RESPONSIBLE FOR INSTALLATION, DISMANTLING OR
REINSTALLATION COSTS OR CHARGES. No Action, regardless of form, may be
brought against Seller more than 12 months after a cause of action has accrued. The
goods returned under warranty to Seller's factory shall be at Buyer's risk of loss, and will
be returned, if at all, at Seller's risk of loss.