Brodie BiRotor BA-89, Инструкция по установке и эксплуатации

Страница: 5 / 26

iii
iii
Warranty
1. LIMITED WARRANTY: Subject to the limitations contained in Section 2 herein and except as
otherwise expressly provided herein, Brodie Meter Co., LLC (“Brodie”) warrants that the firmware
will execute the programming instructions provided by Brodie, and that the Goods-manufactured or
Services provided by Brodie will be free from defects in materials or workmanship under normal use
and care until the expiration of the applicable warranty period. Goods are warranted for twelve (12)
months from the date of initial installation or eighteen (18) months from the date of shipment by
Brodie, whichever period expires first. Consumables and Services are warranted for a period of 90
days from the date of shipment or completion of the Services. Products purchased by Brodie from a
third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the
original manufacturer. Buyer agrees that Brodie has no liability for Resale Products beyond making
a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If
Buyer discovers any warranty defects and notifies Brodie thereof in writing during the applicable
warranty period, Brodie shall, at its option, promptly correct any errors that are found by Brodie in
the firmware or Services, or repair or replace F.O.B. point of manufacture that portion of the Goods
or firmware found by Brodie to be defective, or refund the purchase price of the defective portion of
the Goods/Services. All replacements or repairs necessitated by inadequate maintenance, normal
wear and usage, unsuitable power sources, unsuitable environmental conditions, accident, misuse,
improper installation, modification, repair, storage or handling, or any other cause not the fault of
Brodie are not covered by this limited warranty, and shall be at Buyer’s expense. Brodie shall not be
obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed
upon in writing in advance by an authorized Brodie representative. All costs of dismantling,
reinstallation and freight and the time and expenses of Brodie’s personnel for site travel and
diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Brodie.
Goods repaired and parts replaced during the warranty period shall be in warranty for the remainder
of the original warranty period or ninety (90) days, whichever is longer. This limited warranty is the
only warranty made by Brodie and can be amended only in a writing signed by an authorized
representative of Brodie. Except as otherwise expressly provided in the Agreement, THERE ARE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH
RESPECT TO ANY OF THE GOODS OR SERVICES.
It is understood that - corrosion or
erosion of materials is not covered by our guarantee.
2. Limitation Of Remedy And Liability: Brodie Shall Not Be Liable For Damages Caused By Delay
In Performance. The Sole And Exclusive Remedy For Breach Of Warranty Hereunder Shall Be
Limited To Repair, Correction, Replacement Or Refund Of Purchase Price Under The Limited
Warranty Clause In Section 1 Herein. In No Event, Regardless Of The Form Of The Claim Or Cause
Of Action (Whether Based In Contract, Infringement, Negligence, Strict Liability, Other Tort Or
Otherwise), Shall Brodie’s Liability To Buyer And/Or Its Customers Exceed The Price To Buyer Of
The Specific Goods Manufactured Or Services Provided By Brodie Giving Rise To The Claim Or
Cause Of Action. Buyer Agrees That In No Event Shall Brodie’s Liability To Buyer And/Or Its
Customers Extend To Include Incidental, Consequential Or Punitive Damages. The Term
“Consequential Damages” Shall Include, But Not Be Limited To, Loss Of Anticipated Profits, Loss Of
Use, Loss Of Revenue And Cost Of Capital.