26
ANGEL G7
© 2005 WDP LTD.
APPENDICES
Terms of Warranty: WDP Ltd., Express Warranty USA/Canada Only
WDP LTD. EXPRESS WARRANTY
USA / CANADA ONLY
1. General Express Warranties.
WDP Ltd. warrants to the buyer who is purchasing to place into use (Buyer) only,
that the ANGEL (Product) shall be free from material manufacturing defects in
materials and workmanship for six months from the date of purchase, subject
to the requirements, disclaimers and limitations of this Warranty. This is not
a Warranty of performance, but a limited Warranty as to the condition of the
Product at the beginning of the Warranty period, this Warranty is only against
such defects and not against any other failures such as, but not limited to,
those due to wear and tear, exposure to the elements, unusual operating
environments, misuse, negligence, accident, alteration or repair in any respect
which, in the judgement of WDP Ltd., adversely affects the condition or
operation of the Product. Normal maintenance and perishable items such as
seals, batteries, wiring, indicator lamps and exhaust valves are excluded from
this limited Warranty against defects. This Warranty is not transferable and
it may not be waived or expanded except in writing signed by WDP Ltd. The
terms and limitations of this Warranty shall also apply to any additional goods or
information, which may be distributed by WDP Ltd., relating to the ANGEL.
2. Disclaimer and Limitation of Express and Implied Warranties.
There are no express Warranties other than those contained in this Warranty.
Whether or not the Product is to be used exclusively by Buyer, there shall be no
third party beneficiaries to this Warranty herein. NO WARRANTY IS PROVIDED
TO DISTRIBUTORS OR DEALERS EXCEPT AS MAY BE EXPRESSLY PROVIDED IN
A SEPARATE AGREEMENT OF SALE. All descriptions, illustrations of the Product
and other information in catalogues, brochures and price lists or otherwise
provided by WDP or others are intended for general information only. WDP Ltd.,
is not responsible for any errors or omissions therein or for any loss or damage
resulting from reliance on them. WDP Ltd., does not warrant that the Product
is in compliance with any law or industry standards, guidelines or procedures.
WDP Ltd. standard terms and conditions of sale also apply if Buyer is a direct
purchaser from WDP Ltd. WDP LTD. DISCLAIMS ALL IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, THOSE OF FITNESS FOR A PARTICULAR
PURPOSE AND MERCHANTABILITY.
3. Remedy and Limitation of WDP Ltd. liability.
Defective or non-conforming Product or parts thereof discovered and returned
to WDP Ltd. freight prepaid, with proof of purchase, during the Warranty period
shall be repaired or replaced by WDP Ltd. without any additional charge and
shipped to Buyer, FOB WDP Ltd. In lieu of repair or replacement, if WDP Ltd.
elects, WDP Ltd. may, upon return of such product and making a determination
of non- conformity or defect, keep the product and refund the purchase price
paid by Buyer. Buyer’s remedies shall be limited (even in the event of WDP
Ltd. default of its Warranty obligations) exclusively to those provided in this
Warranty. UNDER NO CIRCUMSTANCES SHALL WDP LTD. OR ANY SUPPLIER,
DISTRIBUTOR, DEALER, OR OTHER PERSON BE LIABLE FOR EXEMPLARY,
PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, NOR FOR ANY AMOUNT
IN EXCESS OF THE BUYER’S PURCHASE PRICE. Buyer waives any causes of
action or theories of liability including, but not limited to, those arising under
contract, tort, strict liability, Product liability, statutes, or otherwise, except as
to those specifically provided by the Uniform Commercial Code (as adopted in
Michigan) as excluded, modified and limited in this warranty.
4. Additional Consumer Protection.
The products are offered for sale for end use in supervised commercial
establishments where professional safety codes are enforced, and not for
personal, family or household use. Nevertheless, if the Product is determined
in a transaction to be a customer Product under applicable law, the following
provisions shall become applicable:
(a) THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE
PRODUCT FOR A PARTICULAR PURPOSE THAT CANNOT BE DISCLAIMED ARE
LIMITED IN DURATION TO THE INITIAL EXPRESS WARRANTY PERIOD.
(b) Some states do not allow limitations on how long an implied Warranty lasts,
so the above limitation in (a) may not apply.
(c) Some states do not allow the exclusion or limitation of incidental or
consequential damages, so such limitations may not apply.
(d) And this Warranty gives buyer specific legal rights, and buyer may also have
other rights provided for by law.
5. Parts, Service and Training performed by WDP Ltd.
All Warranty and non-Warranty parts, labour and service, if any, provided by
WDP Ltd. related to the product are subject to all limitations and disclaimers of
warranties and remedies provided in this Warranty. The replacement or repair
of a product by WDP Ltd. does not give rise to any new Warranty except the
Warranty period provided for herein shall be extended by the length of any
period in which defective or non-conforming product is in possession of WDP
Ltd. WDP Ltd. may have access to the Product after purchase of the Product.
WDP Ltd. is not under any duty to inspect the product for any defects or any
improper use or modification of the Product, nor to correct or advise anyone
of any such condition, use or modification, which is observed. Any notification,
which may be given, is voluntary and subject to all limitations and disclaimers in
this Warranty.
6. User’s Responsibility for Safety and Indemnification
It is Buyer’s or other user’s responsibility to obtain all training and means that
may be necessary to effectively protect all individuals and property from damage
and bodily injury, which otherwise may result from the use or maintenance of
the Product, and to use the Product in accordance with operating instructions
and due care.
If operating instructions are not provided with the Product or have been lost,
a copy will be provided by WDP Ltd. without cost on request. Buyer shall use
and shall require all others to use all safety devices and guards furnished with
or intended to be used with the Product, and to follow proper safe operating
procedures in accordance with general industry standards and as set forth in
manuals and instruction information furnished by WDP Ltd. If Buyer fails to
comply with the obligations set forth in this section, the buyer shall defend and
indemnify WDP Ltd. harmless from any claim, liability or obligation incurred by
WDP Ltd. or its suppliers, distributors, or dealers to persons injured directly or
indirectly in connection with the use of the product contrary to this Warranty or
any warning or instruction from WDP Ltd.
7. Law and Jurisdiction.
This Warranty shall be governed by the laws of Michigan, and Buyer irrevocably
submits to the non-exclusive jurisdiction of courts sitting in Michigan to resolve
all disputes arising from or related to this warranty or use of the Product.
8. Claims and information procedure.
To make a warranty claim, Buyer must first contact the nearest authorised
ANGEL Service Centre for instructions. A list of authorised ANGEL Service
Centres may be obtained through WDP Ltd. website: www.wdp.tv, or by
contacting WDP Ltd. by mail at WDP Ltd., Metro Triangle,
221 Mount Street, Nechells, Birmingham, England, B7 5QT, or by fax at 011 44
121 327 3967, or by calling 011 44 121 328 2228.
