820-0003
IPES IR3 Flame Detector
Operating Manual
Page
27
of
37
11.0 Warranties
ESP Safety, Inc.
(“ESP”) warrants the IPES‐
IR3 Flame Detector to be free from defects in material and workmanship
under normal use and service for a period of five (5) years, beginning on the date of shipment to the buyer. This warranty
extends only to the sale of new and
unused products to the original buyer. ESP’s warranty obligation is limited, at ESP’s
option, to refund of the purchase price, repair, or replacement of a defective product or a component thereof, to the
extent that the product is properly returned to ESP within the warranty period.
This warranty does not include:
a)
fuses, disposable batteries or the routine replacement of parts due to the normal wear and tear of the product arising from use;
b)
any product or component which in
ESP’s
opinion, has been misused, altered, abused, tampered with, improperly maintained or used,
neglected or otherwise damaged by accident or abnormal conditions of operation, handling or use, or to have deteriorated due to aging of
any component made of rubber or any other elastomer; or
c)
any damage or defect attributable to repair of the product by any person other than an authorized dealer, or the installation of
unapproved parts on the product.
The obligations set forth in this warranty are conditional on:
a)
proper storage, installation, calibration, use, maintenance and compliance with the product manual instructions and any other applicable
recommendations of ESP;
b)
the buyer promptly notifying ESP of any defect and, if required, promptly making the product available for correction. No goods shall be
returned to ESP until receipt by buyer of shipping instructions from ESP. A return authorization number must be obtained from ESP prior
to shipment; and
c)
all warranty returns being shipped directly to ESP Safety, Inc.;
d)
the right of ESP to require that the buyer provide proof of purchase such as the original invoice, bill of sale or packing slip to establish that
the product is within the warranty period.
THE BUYER AGREES THAT THIS WA
RRANTY IS THE BUYER’S SOLE AND EXCLUS
IVE REMEDY AND IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. ESP SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR LOSSES. ESP WILL NOT BE LIABLE FOR LOSS OR DAMAGE OF ANY KIND CONNECTED TO
THE USE OF ITS PRODUCTS OR FAILURE OF ITS PRODUCTS TO FUNCTION OR OPERATE PROPERLY. IN NO EVENT SHALL
ESP’S
LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE ACTUALLY PAID BY THE BUYER FOR THE PRODUCT.
To the extent any provision of this warranty is held invalid or unenforceable by a court of competent jurisdiction; such
holding will not affect the validity or enforceability of any other provision.
Expected Service Life of Unit
: The average expected life of the IPES
‐
IR3 is not less than 10 years.
