Property of Ultrasonic Power Corporation -
© 2016
Publication Number UPC160421-003
31
WARRANTY DISCLAIMERS
THE WARRANTIES PROVIDED HEREIN ARE THE EXCLUSIVE WARRANTIES AND ARE EXPRESSLY GIVEN IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY
DISCLAIMED. EXCEPT AS PROVIDED HEREIN, UPC DISCLAIMS ANY LIABILITY, ARISING FROM CONTRACT,
TORT OR OTHERWISE, FOR ANY LOSS OR DAMAGE INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
AND CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, COST OF COVER,
INCIDENTAL DAMAGES AND PERSONAL INJURY, WHATEVER THE UNDERLYING CAUSE AND INCLUDING
THIRD PARTY CLAIMS.
Any and all production or performance specifications supplied by UPC are strictly estimates based upon
UPC’s
analysis of the material or parts to be processed, interpretation of tolerance and accuracy requirements, assumptions
of facilities available and operator skill. NO SUCH PRODUCTION OR PERFORMANCE ESTIMATE SHALL
CONSTITUTE A WARRANTY OR GUARANTEE OF PRODUCTION OR PERFORMANCE RESULTS.
ADDITIONAL TERMS
a) The agents, dealers and employees of UPC are not authorized to make modifications to this Warranty, or to
make additional warranties binding on UPC including, but not limited to additional warranties for Products,
accessories or components. Additional statements, whether oral or written, do not constitute warranties and
should not be relied upon unless made in writing and signed by an officer of UPC with authority to do so.
b) Regardless of any other agreement between the first Purchaser (or Customer if the first Purchaser is a
distributor) and UPC, this Warranty will be governed and controlled in all respects by the laws of the State of
Illinois, USA, including interpretation, enforceability, validity and construction, without regard to any conflict
of law provisions. The sole proper venue for the resolution of any disputes arising hereunder shall be the
State or Federal Courts located in the County of Winnebago, State of Illinois.
c) This Warranty constitutes the entire understanding between the parties with respect to the subject matter
discussed herein and supersedes any prior discussions, negotiations, agreements and understandings
between the parties.
d) No assignment of this Warranty or of any right or obligation under this Warranty will be made by the first
Purchaser (or Customer if the first Purchaser is a distributor) without the prior written consent of UPC. Any
assignment or transfer of this Warranty without such prior written consent will invalidate this Warranty.
Failure to provide proof of purchase to UPC upon request will invalidate this Warranty.
SHIPPING REQUIREMENTS
Upon notifying UPC of a warranty-related claim, UPC will, if appropriate, provide a Return Material Authorization
number (RMA) for the return of the Product and/or Accessories. If supplied to the first Purchaser (or Customer if the
first Purchaser is a distributor), the first Purchaser (or Customer if the first Purchaser is a distributor) will complete the
RMA and return it to UPC along with the Product or accessory. Transportation and insurance will be paid by the first
Purchaser (or Customer if the first Purchaser is a distributor) for the return of Product and all accessories. UPC is not
responsible for any loss or damage, which may occur in transit. UPC will ship the repaired or replaced Product(s)
and/or accessories to
the first Purchaser’s (or Customer if the first Purchaser is a distributor) place of business using
a transportation method of its choosing or through consultation with the first Purchaser (or Customer if the first
Purchaser is a distributor). All Products and accessories must be shipped in their original shipping containers or
other solid and durable shipping container. Failure to return the Product or accessories to UPC or to follow these
procedures will invalidate this Warranty.
BUSINESS INFORMATION AND RETURN ADDRESS
All product returns for Warranty service and concerns, regarding this Warranty or otherwise, must have a Return
Material Authorization (RMA) number. Please ship pre-paid to:
Ultrasonic Power Corporation
Attn: RMA Coordinator
239 East Stephenson Street
Freeport, Illinois 61032, USA
+1 815 235 6020
