e2v technologies (uk) limited 2013
CR 114528
05 Apr 2013
DAS775571AA Version 1, page 29
8. WARRANTY TERMS
8.1
Express Warranty
e2v technologies ("e2v") warrants that this product is free from
mechanical defects or faulty workmanship for two (2) years from the
date of shipment, with the exception that the warranty period for the
rechargeable battery pack is one (1) year from that date, provided it is
maintained and used in accordance with e2v’s instructions and/or
recommendations.
This warranty does not apply to expendable or consumable parts
whose normal life expectancy is less than one (1) year. Replacement
parts and repairs are warranted for ninety (90) days from the date of
shipment.
e2v shall be released from all obligations under this warranty in the
event that persons other than its own or authorised service personnel
make repairs or modifications, or if the warranty claim results from
misuse of the product. No agent, employee or representative of e2v
may bind e2v to any affirmation, representation or modification of this
warranty concerning the goods sold under this contract.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, AND IS STRICTLY LIMITED
TO THE TERMS HEREOF. e2v SPECIFICALLY DISCLAIMS ANY
WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
PARTICULAR PURPOSE.
8.2
Exclusive Remedy
It is expressly agreed that the Purchaser’s sole and exclusive remedy
for breach of the above warranty, for any tortious conduct of e2v, or for
any other cause of action, shall be the repair and/or replacement, at
e2v’s option, of any equipment or parts thereof, that after examination
by e2v are proven to be defective. Replacement equipment and/or
parts will be provided at no cost to the purchaser, F.O.B. e2v’s plant.
Failure of e2v to successfully repair any non-conforming product shall
not cause the remedy established hereby to fail of its essential
purpose.
8.3
Exclusion of Consequential Damages
PURCHASER SPECIFICALLY UNDERSTANDS AND AGREES
THAT UNDER NO CIRCUMSTANCES WILL e2v BE LIABLE TO
PURCHASER FOR ECONOMIC, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND
WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSS OF
ANTICIPATED PROFITS AND ANY OTHER LOSS CAUSED BY
REASON OF THE NON-OPERATION OF THE GOODS. THIS
EXCLUSION IS APPLICABLE TO CLAIMS FOR BREACH OF
WARRANTY, TORTIOUS CONDUCT OR ANY OTHER CAUSE OF
ACTION AGAINST e2v.
