96 | SWIFT K33A ALL IN ONE FUSION SPLICER
americanilsintech.com | 97
WARRANTY TERMS & CONDITIONS
1.
Definitions:
The term “Ilsintech” means America Ilsintech or any company that is a subsidiary of, an affiliate of, or
otherwise related to America Ilsintech. The term “Customer” means any individual, corporation or other entity purchasing
goods or services from America Ilsintech.
2.
Warranty.
Ilsintech warrants (a) that the goods warranted here will conform to the applicable catalog descriptions and
performance claims; (b) that it will convey good title to the goods supplied hereunder; and (c) that such goods will be
free from defects in material and workmanship, provided that such warranty of freedom from defects in material and
workmanship shall extend only for a period of time for the following classifications in Section 3, from the date of shipment,
and that Customer gives Ilsintech notice of any such defect within thirty days after Customer discovers or should have
discovered any such defect. Ilsintech’s warranties will not apply to any goods that are improperly installed, that are
used for purposes other than the purpose for which they were designed, that have had parts attached or removed or
altered, that have been modified or repaired by anyone other than Ilsintech or an authorized Ilsintech-certified associate,
or that have suffered any abuse, misuse, neglect or accident.
THE WARRANTIES CONTAINED IN THIS DOCUMENT
ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. EXCEPT FOR THE WARRANTIES
CONTAINED IN THIS DOCUMENT, ILSINTECH MAKES NO WARRANTY, WRITTEN OR ORAL, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT, AND ANY SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXPRESSLY EXCLUDED.
Ilsintech’s
liability and Customer’s exclusive remedy is expressly limited to Ilsintech’s choice of (a) the repair of defective goods, (b)
the replacement thereof with conforming goods, and (c) the repayment of the purchase price (exclusive of shipping).
Replacement of defective goods or repayment of the purchase price will be made only upon return of the defective
goods returned at the cost of Customer.
THE REMEDIES SET FORTH IN THIS DOCUMENT WILL BE CUSTOMER’S SOLE
AND EXCLUSIVE REMEDY AND ILSINTECH’S SOLE AND EXCLUSIVE LIABILITY WITH RESPECT TO ANY BREACH OF
THE WARRANTIES CONTAINED IN THIS DOCUMENT. NO LIABILITY UNDER THE WARRANTIES CONTAINED IN THIS
DOCUMENT WILL BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE GOODS OR SERVICES IN RESPECT
OF WHICH DAMAGES ARE CLAIMED PLUS COSTS OF TRANSPORTATION, PACKING AND HANDLING, AND ILSINTECH’S
LIABILITY WILL BE LIMITED TO SUCH AMOUNT.
3.
Classifications.
a.
Splicer operations contained in equipment (either all-in-one or stand-alone).
That portion of the equipment used
to perform or display operations pertaining to direct arc splicing of fiber or fiber connectors shall be subject to a 3
year warranty from the date of shipment or date of purchase, unless an Extended Warranty is purchased. Ilsintech,
or an authorized and Ilsintech-certified and approved alternate, will provide Annual Factory Cleaning, Calibration
and Reset provided registration of the splicer with Ilsintech is performed at the time of purchase.
b.
Stripping, cleaving and oven operations contained in equipment (either all-in-one or stand-alone).
That portion of
the equipment used to perform or display operations pertaining to stripping or cleaving of fiber or fiber connectors, or
perform or display oven operations, shall be subject to a 3 year warranty from the date of shipment or date of purchase.
c.
Fixtures and holders.
That portion of the equipment used to perform or display operations pertaining to holding of
fiber or connectors shall be subject to a 3 year warranty from the date of shipment or date of purchase.
d.
Consumable equipment.
Electrodes, cleaver blades, power supplies, batteries, cleaning supplies, and other
consumable equipment and supplies shall not be covered under warranty except for obvious manufacturing defects.
e.
Connectors.
Splice-on connectors shall be subject to a 1 year warranty from the date of shipment or date of purchase,
unless the installation is performed by an Ilsintech-Certified Installer (CI). If installed by a CI, the warranty shall be 25 years.
f.
Extended Warranty.
An extended warranty of up to 25 years on the Splice-on-Connectors will be offered subject to
1) use of an Ilsintech-approved contractor; 2) project registration; 3) testing documentation of successfully-installed
components; 4) Installation Certification upon completion of project; and 5) approval of partnering solution provider.
Contact your local Ilsintech representative for details.
4.
Patents.
If Customer receives a third party allegation that non-customized goods made generally commercially available
for sale by Ilsintech at the time Ilsintech ships these products and supplies such goods to Customer that infringe a
United States patent and (x) Customer immediately notifies Ilsintech in writing upon learning of any such allegation
of infringement and (y) Customer provides Ilsintech full opportunity, authority and assistance (at Ilsintech’s option
and expense) to defend, settle, and/or dispose of such infringement claim, and (z) the allegation results in a final, non-
appealable judgment of patent infringement enjoining Customer from using the goods, Ilsintech’s sole liability and
Customer’s exclusive remedy is expressly limited to Ilsintech’s option to (a) obtain for Customer the right to continue
using such goods, or (b) replace the goods with non-infringing goods, or (c) modify the goods so that they become
non-infringing, or (d) remove the goods and refund the purchase price. Under no circumstances will Ilsintech have the
obligation to provide the foregoing remedy or to otherwise indemnify, defend, settle, or otherwise dispose of any third
party claim of patent infringement: (i) if such claim is based in whole or in part on customization of the goods (as required
by the Customer), on compliance with Customer’s specifications or instructions, or on inclusion of material provided to
Ilsintech by Customer; (ii) if such claim is based in whole or in part on Customer’s marketing, advertising, promotion, or
sale of any product containing the goods; (iii) if the infringement claim is based on Customer’s use of the goods or use
of the goods in combination with any products, materials, or equipment supplied by someone other than Ilsintech; (iv)
if Customer or a third party modified or changed the goods and infringement would have been avoided without such
modification or change; (v) if the infringement claim arises out of products or assemblies manufactured or designed
by Customer in whole or in part; or (vi) to the extent the claim pertains to Customer’s continued use of the goods after
Ilsintech demands that Customer discontinue such use.
THE FOREGOING STATES THE ENTIRE LIABILITY OF ILSINTECH
TO CUSTOMER AND CUSTOMER’S EXCLUSIVE REMEDY FOR INTELLECTUAL PROPERTY INFRINGEMENT.
5.
No License; Limited Right of Resale.
The sale of the goods covered by this order shall not grant to Customer any right or
license of any kind under any patent, trademark, copyright, any other interest in intellectual property or other proprietary
right owned or controlled by Ilsintech or its affiliates or under which Ilsintech or its affiliates are licensed, although
Customer shall have the right to use such goods or other items for the purpose for which they are sold. Customer shall not
resell any goods or items sold hereunder unless it is an authorized distributor of Ilsintech’s products.
6.
Export and Trade Compliance.
Customer agrees not to export, transfer, or transmit such goods or items except in
compliance with all U.S. or other export laws and regulations. Customer shall at all times comply with Ilsintech’s US Export
and Trade Compliance terms and conditions.
7.
Waiver.
No provision hereof and no breach of any provision shall be deemed waived by reason of any previous waiver of
such provision or of any breach thereof. All waivers must be in writing and signed by Ilsintech.
8.
Indemnity.
Customer shall indemnify, reimburse, release, hold harmless, and defend Ilsintech and its affiliates and their
respective successors and assigns and their respective directors, officers, agents and representatives, from and against
any loss, liability, claims, judgments, settlement amounts, damages, liabilities, deficiencies, expenses (including reasonable
attorneys’ fees and disbursements of counsel), suits and costs, directly or indirectly, caused by, arising out of or relating to
the application or the use to which goods provided hereunder are put by Customer or others.
9.
LIMITATION OF DAMAGES AND LIABILITY. ILSINTECH SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION,
ENVIRONMENTAL CLAIMS OR LOSS OF REVENUES, BUSINESS OR PROFITS, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ILSINTECH HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ILSINTECH’S TOTAL LIABILITY FOR ANY CLAIM IN RESPECT
OF ANY GOODS OR ITEMS COVERED BY THIS WARRANTY, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR
OTHERWISE, EXCEED THE PURCHASE PRICE OF THE GOODS OR OTHER ITEMS GIVING RISE TO SUCH CLAIM.
10.
Remedies; Performance and Enforcement By Affiliates.
In addition to the remedies set forth in these Terms and
Conditions, Ilsintech shall have all the rights of a seller under the Uniform Commercial Code as enacted in Texas. All rights
and remedies hereunder are cumulative and not alternative, and are in addition to all other rights and remedies available
at law or in equity. This order may be performed and all rights hereunder against Customer, including but not limited to
injunctive relief, may be enforced by Ilsintech or any one or more of Ilsintech’s affiliates.
11.
Confidentiality.
Ilsintech and Customer agree to keep the confidentiality of information received from each other (excluding
information publicly known or independently developed) and not to disclose it to unaffiliated third party (ies) or use it for
purposes other than in connection with the goods purchased by Customer from Ilsintech and covered by this warranty.
12.
Governing Law.
The purchase and sale of the goods described herein and the relationship of Ilsintech and Customer shall
be governed by the law of the State of Texas (excluding its rules of conflicts of laws). Any litigation relating to this order
must be brought in state or federal district court in such state. The Convention for the International Sale of Goods shall not
apply to the sales of goods or other items hereunder.
13.
Inconsistent Terms.
Ilsintech’s performance in respect of this Warranty is subject to these Terms and Conditions set forth
in this document. Ilsintech’s warranty performance is expressly made conditional on Customer’s assent to these Terms and
Conditions whether or not in addition to or different from the terms of Customer’s purchase order or terms and conditions
or other Customer documents. Unless Ilsintech otherwise agrees in writing, Ilsintech expressly rejects any inconsistent
terms in any of Customer’s purchase order or terms and conditions or other Customer documents. For the avoidance of
doubt, these terms and conditions prevail over all terms and conditions of Customer (even if they form a part of Customer’s
purchase order), and can only be varied by written agreement of Ilsintech.
14.
Amendment.
Ilsintech may amend these terms and conditions at any time.
