CONTROLS, INCORPORATED
C O N T R O L S Y S T E M S & S O L U T I O N S
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10) Warranty
CONTROLS, INC. is herein called “Seller”. The person, firm or corporation to whom or
which the sale is made is herein called “Buyer”. Seller warrants to the Buyer that all
products furnished under this order will conform to Seller’s specification, drawings as
described in its current catalog or quotation and will be free from defects in materials
and workmanship. Seller must approve other special requirements asked for by the
Buyer in its purchase order in writing. Parts replaced or repaired in the warranty period
shall carry the unexpired portion of the original warranty. The foregoing is subject to the
provisions that in no case will the total warranty period extend beyond twelve (12)
months from date seller ships equipment from point of sale.
The Liability of Seller hereunder is limite
d to replacing or repairing at Seller’s factory
any part or parts which have been returned to the Seller and which are proved by buyer
as defective or not conforming to Seller’s specifications, drawings or other written
descriptions, accepted by Seller, provided that such part or parts are returned by the
buyer within thirty (30) days after such defect is discovered. All items returned to Seller
for repair or replacement must be sent freight prepaid to its factory. Buyer must obtain
Seller’s Return Merchandise Authorization # prior to returning items. The above
conditions must be met if warranty is valid. Seller will not be liable for any damage
done by unauthorized repair work, or unauthorized misapplication in non-suitable
environment.
In no event shall the Seller be liable for loss, damage, or expense directly or indirectly
arising from the use of the units, or from any other cause, except as expressly stated in
the warranty. Seller makes no warranties, express or implied, including any warranty
as to merchantability of fitness for a particular purpose or use. Seller is not liable for
and buyer waives any right or action it has or may have against seller for any
consequential or special damages arising out of any breach of warranty, and for any
damages buyer may claim for damage to any property or injury or death to any person
arising out of its purchase or the use, operation or maintenance of the product. Seller
will not be liable for any labor subcontracted or performed by buyer for preparation of
warranted item for return to Seller’s factory or for preparation work for field repair or
replacement. The Seller will not consider invoicing of Seller for labor either performed
or subcontracted by buyer as a liability. This warranty shall be exclusive of any and all
other warranties express or implied and may be modified only by a writing signed by an
officer of the Seller. With respect to accessories supplied by Seller, but manufactured
by others, there is no warranty of any kind, express or implied, and specifically there is
no warranty of merchantability or fitness, except as may be set forth in any warranty the
manufactures have made to Seller and which can be passed to the Buyer.
