Copyright
TSI Incorporated / 2007
–2016 / All rights reserved.
LIMITATION OF WARRANTY AND LIABILITY
(effective February 2016)
Seller warrants the goods, excluding software, sold hereunder, under normal use and
service as described in the operator's manual, to 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 i
n 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. This warranty does not cover calibration requirements, and seller warrants only that
the instrument or product is properly calibrated at the time of its manufacture.
Instruments returned for calibration are not covered by this warranty;
f. This warranty is
VOID
if the instrument is opened by anyone other than a factory
authorized service center with the one exception where requirements set forth in the
manual allow an operator to replace consumables or perform recommended
cleaning;
g. This warranty is
VOID
if the product has been misused, neglected, subjected to
accidental or intentional damage, or is not properly installed, maintained, or cleaned
according to the requirements of the manual. 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. BU
YER’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
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