Emerson Daniel Danalyzer 1000, Справочник по аппаратуре

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SEP 2005
MODEL 1000
PREFACE
ii
WARRANTY
1. LIM ITED W ARRANTY: Subject to the limitations contained in Section 2 herein and except as otherwise expressly
provided herein, Daniel Measurement and Control, Inc. and Rosemount Analytical, Inc., (collectively “Seller”) warrants
that the firmware will execute the programming instructions provided by Seller, and that the Goods manufactured or
Services provided by Seller 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 Seller, 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 Seller from a third party for resale to Buyer ("Resale Products") shall carry only the warranty extended by
the original manufacturer. Buyer agrees that Seller 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 Seller thereof in writing during the applicable warranty period, Seller shall, at its option, promptly
correct any errors that are found by Seller in the firmware or Services, or repair or replace F.O.B. point of manufacture
that portion of the Goods or firmware found by Seller 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 Seller are not covered by this limited
warranty, and shall be at Buyer's expense. Seller 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 Seller representative. All costs
of dismantling, reinstallation and freight and the time and expenses of Seller's personnel for site travel and diagnosis
under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. 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 Seller and can be amended only in a
writing signed by an authorized representative of Seller. Except as otherwise expressly provided in the Agreement,
THERE ARE NO REPRESENTATIONS OR W ARRANTIES OF ANY KIND, EXPRESSED OR IM PLIED, AS TO
M ERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER W ITH RESPECT
TO ANY OF THE GOODS OR SERVICES.
It is understood that corrosion or erosion of materials is not covered
by our guarantee.
2. LIM ITATION OF REMEDY AND LIABILITY: SELLER SHALL NOT BE LIABLE FOR DAM AGES CAUSED
BY DELAY IN PERFORMANCE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF W ARRANTY
HEREUNDER SHALL BE LIMITED TO REPAIR, CORRECTION, REPLACEM ENT OR REFUND OF PURCHASE
PRICE UNDER THE LIM ITED W ARRANTY CLAUSE IN SECTION 1 HEREIN. IN NO EVENT, REGARDLESS
OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (W HETHER BASED IN CONTRACT, INFRINGEMENT,
NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERW ISE), SHALL SELLER'S LIABILITY TO
BUYER AND/OR ITS CUSTOM ERS EXCEED THE PRICE TO BUYER OF THE SPECIFIC GOODS
M ANUFACTURED OR SERVICES PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF
ACTION. BUYER AGREES THAT IN NO EVENT SHALL SELLER'S LIABILITY TO BUYER AND/OR ITS
CUSTOM ERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE
TERM "CONSEQUENTIAL DAMAGES" SHALL INCLUDE, BUT NOT BE LIM ITED TO, LOSS OF
ANTICIPATED PROFITS, LOSS OF USE, LOSS OF REVENUE AND COST OF CAPITAL.