viii | Thermox WDG-1200/1210 Insitu Probes
WARRANTY AND CLAIMS
We warrant that any equipment of our own manufacture or manufactured for us pursuant to our specifications
which shall not be, at the time of shipment thereof by or for us, free from defects in material or workmanship
under normal use and service will be repaired or replaced (at our option) by us free of charge, provided that
written notice of such defect is received by us within twelve (12) months from date of shipment of portable
analyzers or within eighteen (18) months from date of shipment or twelve (12) months from date of installation
of permanent equipment, whichever period is shorter. All equipment requiring repair or replacement under the
warranty shall be returned to us at our factory, or at such other location as we may designate, transportation
prepaid. We shall examine such returned equipment, and if it is found to be defective as a result of defective
materials or workmanship, it shall be repaired or replaced as aforesaid. Our obligation does not include the
cost of furnishing any labor in connection with the installation of such repaired or replaced equipment or
parts thereof, nor does it include the responsibility or cost of transportation. In addition, instead of repair-
ing or replacing the equipment returned to us as aforesaid, we may, at our option, take back the defective
equipment, and refund in full settlement the purchase price thereof paid by Buyer.
The warranty shall not apply to any equipment (or part thereof) which has been tampered with or altered after
leaving our control or which has been replaced by anyone except us, or which has been subject to misuse,
neglect, abuse or improper use. Misuse or abuse of the equipment, or any part thereof, shall be construed to
include, but shall not be limited to, damage by negligence, accident, fire or force of the elements. Improper
use or misapplications shall be construed to include improper or inadequate protection against shock, vibra-
tion, high or low temperature, overpressure, excess voltage and the like, or operating the equipment with
or in a corrosive, explosive or combustible medium, unless the equipment is specifically designed for such
service, or exposure to any other service or environment of greater severity than that for which the equip-
ment was designed.
The warranty does not apply to used or secondhand equipment nor extend to anyone other than the original
purchaser from us.
THIS WARRANTY IS GIVEN AND ACCEPTED IN LIEU OF ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AND WARRANTIES OF FITNESS OR
OF MERCHANTABILITY OTHER THAN AS EXPRESSLY SET FORTH HEREIN, AND OF ALL OTHER
OBLIGATIONS OR LIABILITIES ON OUR PART. IN NO EVENT SHALL WE BE LIABLE UNDER
THIS WARRANTY OR ANY OTHER PROVISION OF THIS AGREEMENT FOR ANY ANTICIPATED
OR LOST PROFITS, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, TIME CHANGES
OR ANY OTHER LOSSES INCURRED BY THE ORIGINAL PURCHASER OR ANY THIRD PARTY
IN CONNECTION WITH THE PURCHASE, INSTALLATION, REPAIR OR OPERATION OF EQUIP-
MENT, OR ANY PART THEREOF COVERED BY THIS WARRANTY OR OTHERWISE. WE MAKE NO
WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES
OF FITNESS OR OF MERCHANTABILITY, AS TO ANY OTHER MANUFACTURER’S EQUIPMENT,
WHETHER SOLD SEPARATELY OR IN CONJUNCTION WITH EQUIPMENT OF OUR MANUFAC-
TURE. WE DO NOT AUTHORIZE ANY REPRESENTATIVE OR OTHER PERSON TO ASSUME FOR
US ANY LIABILITY IN CONNECTION WITH EQUIPMENT, OR ANY PART THEREOF, COVERED
BY THIS WARRANTY.
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