Terms and Conditions
vi
Entek IRD 6600 Series Protection Monitors
7. CUSTOMER RESPONSIBILITIES. Customer shall be solely responsible for the accuracy and
adequacy of the information provided to Entek IRD, and Entek IRD shall not be liable for any
damages resulting from the loss, disclosure or inaccuracy of such information. Customer shall,
for those contracts which include on-site installation, have the installation site prepared at its
expense prior to the scheduled installation date to enable Entek IRD to promptly deliver and
commence installation. The products are not for use in or with any nuclear facility, unless the
Quotation expressly permits such use; and Customer shall indemnify and hold Entek IRD
harmless from all liability (including such liability resulting from Entek IRD's negligence) arising
out of such improper use. Customer shall not send or use the products outside the United States
except in compliance with all applicable law, including U.S. export regulations and restrictions.
8. SOFTWARE AND SERVICES DOCUMENTS. If any computer software, whether incorporated
into a piece of equipment ("firmware"),or provided separately, and related user documentation in
any medium (collectively referred to as "Software") are included in the contract, the terms of the
Entek IRD Standard Software License Agreement shall govern the contract with respect to
Software. If any services other than oil analysis services are included in the contract, the Entek
IRD Standard Field Engineering Services Terms and Conditions shall govern such services.
Those documents are available to Customer upon request, and Customer is responsible to obtain
and read the Standard Software License Agreement and the Standard Field Engineering Services
Terms and Conditions.
9. LIMITED WARRANTIES AND REMEDIES. A. Entek IRD warrants to Customer (and not
anyone else) that (i) all products manufactured by Entek IRD shall be free of defects in materials
and workmanship under normal conditions for a period of one (1) year from the date of shipment
(except that items with limited life such as batteries and lamps are warranted for 90 days from
date of shipment) and that (ii) services will be free from defects in workmanship under normal
conditions, for 90 days from performance. With respect to performance related in any way to the
passage of time to the year 2000 and beyond, or the occurrence of a leap year, Entek IRD does not
make any representation or warranty; Entek IRD has issued a Year 2000 readiness disclosure
statement, which is available to Customer upon request.
B. With respect to any Entek IRD product or service that fails to satisfy the limited warranty
provisions in this Section, as Customer's exclusive remedy, and at Entek IRD's option, Entek IRD
will repair or replace the product or refund its purchase price or refund the purchase price of the
service, provided that any defect is brought to the attention of Entek IRD within the warranty
period. To qualify for this warranty concerning a product Customer must return the defective
product to Entek IRD's designated facility freight prepaid, and after repair or replacement Entek
IRD will return the product freight prepaid; or, if in Entek IRD's opinion the product is
impractical to ship, Customer shall be charged for labor, transportation and subsistence expenses
for the service representative(s) providing the warranty work at Customer's site. Entek IRD alone
will be authorized to furnish or arrange for repairs or replacements.
C. The above limited warranties do not apply, and no warranty, either express or implied, shall be
applicable, (a) to damage resulting from accident, alteration, misuse or abuse, harmful conditions,
systems failure or Act of God; (b) if the product is not installed, operated and maintained
according to procedures recommended by Entek IRD; or (c) if the Entek IRD serial number is
obliterated. In no case shall the limited warranty extend to defects in materials, components, or
services furnished by third parties or to the repair or installation of the product performed by third
parties. The above warranties do not extend to any products sold "as-is" or "as-inspected;" no
warranties, either express or implied, are made with respect to such products.
D. Entek IRD makes no representations or warranties to Customer, or anyone else, with respect to
products manufactured by a third party. Any warranties of the third party manufacturers shall run
directly to Customer to the extent permitted by law and Entek IRD shall have no liability therefor.
