Form 297-LB Rev. 01/2014
ASCO Power Technologies
6255 Halle Drive
Cleveland, OH 44125
T (216) 573 7600
F (216) 573 5953
www.avtronloadbank.com
If replacement parts, components or products are shipped or caused to be shipped by ASCO prior to inspection of the product
claimed to be defective, the replacement parts, components or products shall be invoiced in the full current price amount and
shipped freight collect F.O.B.
ASCO’s facility. If ASCO’s inspection determines that the returned item(s) is covered by this warranty,
User will be issued a credit in an amount equal to the parts prices previously invoiced. Warranty coverage will be provided only after
ASCO’s inspection discloses the claimed defect and shows no signs of treatment or use which would void the coverage of this
Warranty. All defective products and component parts replaced under this warranty become the property of ASCO.
Warranty Performance of Component Manufacturers:
It is ASCO’s practice, consistent with its desire to remedy Warranty defects in the most prompt and effective manner possible, to
cooperate with and utilize the services of component manufacturers and their authorized representatives in the performance of work
to correct defects in the product components. Accordingly, ASCO may utilize third parties in the performance of Warranty work,
including repair or replacement hereunder, where, in ASCO's opinion, such work can be performed in less time, with less expense,
or in closer proximity to the Avtron product.
Items Not Covered By Warranty:
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate
electrical current or connection, negligence, inappropriate on site operating conditions, repair by non-Avtron designated personnel,
accident in transit, tampering, alterations, a change in location or operating use, exposure to the elements, water, or other corrosive
liquids or gases, Acts of God, theft, installation and/or deployment contrary to ASCO's recommendations or specifications, or in any
event if the Avtron serial number has been altered, defaced, or removed.
THIS WARRANTY DOES NOT COVER shipping costs, installation costs, or maintenance or service items and further, except as
may be provided herein, does NOT include labor costs or transportation charges arising from the replacement of the Avtron product
or any part thereof or charges to remove or reinstall same at any premises of User.
REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF DOES NOT EXTEND THE ORIGINAL
WARRANTY PERIOD.
THE PRODUCTS LISTED IN THIS WARRANTY ARE NOT FOR USE IN THE CONTROL AREA OR ANY REACTOR
CONNECTED OR SAFETY APPLICATIONS OR WITHIN THE CONTAINMENT AREA OF A NUCLEAR FACILITY OR FOR
INTEGRATION INTO MEDICAL DEVICES.
Limitations:
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE AVTRON PRODUCT AS SET FORTH
HEREIN.
IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION,
AVTRON’S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET PRODUCT PURCHASE
PRICE.
IN NO EVENT SHALL ASCO ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS
INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY, TORT, OR OTHERWISE.
Miscellaneous
:
NO SALESPERSON, EMPLOYEE OR AGENT OF ASCO IS AUTHORIZED TO ADD TO OR VARY THE TERMS OF THIS
WARRANTY. Warranty terms may be modified, if at all, only in writing signed by an ASCO officer
.
ASCO obligations under this Warranty are conditioned upon ASCO timely receipt of full payment of the product purchase price and
any other amounts due. ASCO reserves the right to supplement or change the terms of this Warranty in any subsequent warranty
offering to User or others.
In the event that any provision of this Warranty should be or becomes invalid and/or unenforceable during the warranty period, the
remaining terms and provisions shall continue in full force and effect.
This Warranty shall be governed by, and construed under, the laws of the State of New Jersey, without reference to the conflict of
laws principles thereof.
This Warranty represents the entire agreement between ASCO and User with respect to the subject matter herein and supersedes
all prior or contemporaneous oral or written communications, representations, understandings or agreements relating to this subject.
