DIVERSITECH D MISTER, Руководство по эксплуатации и техническому обслуживанию

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TERMS AND CONDITIONS TO SALES ORDERS
1. INTERPRETATION
1.1. All references to “we” herein mean Diversitech Equipment and Sales (1984) Ltd.
1.2. All references to “you” herein mean:
(a) the “Customer” referred to herein and in the Sales Order joining these presents (such Sales Order together with any amendments, supplements
and additional agreements related thereto and all annexes and schedules in respect thereof, collectively the “
Sales Order ”); and
(b) any affiliates and any party related, whether directly or indirectly, to such “Customer”.
2. LIMITED WARRANTY AND LIABILITY
2.1. All units and equipment sold by us to you (collectively “ Units ”) pursuant to the Sales Order are warranted to be free from defects in material
for a period of
2 years from the date of purchase
(the “
Warranty Period
”).
2.2. We will repair or replace, at our discretion, any defective parts that fail during the Warranty Period, returned to the manufacturer’s plant with
freight prepaid. This warranty is limited to replacement parts ONLY, subject to on-site or in- house evaluation of defective materials and does
not apply to any personal liability or property loss that occurs due to the use or installation of this equipment.
2.3. We expressly exclude all warranties whatsoever, other than those included in Section 2.1 hereof, express or implied, legal or conventional,
including, without limitation, any and all warranties of quality, merchantability and fitness for a particular purpose.
2.4.
To the extent that any Units are integrated with any products, equipment, units, connections and/or systems of a third-party (“ Third-Party Products ”),
we hereby expressly exclude all of the following warranties, express or implied, namely:
(a) warranty against defects of any kind (latent or apparent), fitness for purpose, merchantability or functionality to the extent of any such Third-Party
Products; and
(b) any warranty against any defects or problems of any kind, whether latent or apparent, in respect of Units or a Third-Party Product, caused or arising
directly or indirectly as a result of the integration with or use of Units in connection with any Third-Party Product.
2.5. You hereby expressly waive and renounce to any and all claims against us relating to loss of profits, loss of business or goodwill, interruption
of business and all indirect, special, incidental or consequential damages of any kind whether arising from or in connection with the Sales
Order or from the use of Units, however caused, and whether in the nature of breach of obligations, breach of warranty, repudiation of
contract, tort, negligence (save in the event of gross negligence or intentional fault) or otherwise. Accordingly, save in the event of gross
negligence or intentional fault, we shall have no liability whatsoever towards you under this agreement for any losses or damages, direct or
indirect, consequential, exemplary, incidental or otherwise, regardless of whether we received advanced notice or were advised of the possibility of
such claim, loss or damage.
2.6. You are solely responsible for determining if Units fit your particular purpose and are suitable for your designated process, application, fitment,
tooling, set-up and uses(s).
3. FREIGHT CLAIMS
3.1. Shipments must be inspected by you upon arrival. All Units are sold ex-plant. Therefore, it is the receiver’s responsibility to file any freight
claims with the carrier for obvious or concealed damages. Damaged shipments must be refused at the time of receipt.
4. RETURN MATERIAL POLICY
4.1. Prior to the return of material, for whatever reason, a return merchandise authorization number (“ RMA# ”) is required from our customer service
department. This procedure is necessary for proper control and handling of returned materials. Call 1-800-361-3733 or email support@diversitech.ca
to obtain a RMA #. All material must be returned prepaid. Credit will be given for returns for warranty repair or replacement. Freight collect
shipments will not be accepted. It is the shipper’s responsibility to ensure that material being returned to us is adequately packaged for
shipment in order to prevent damages.