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8.0 Warranty Policy for Standard EMCO Brand Products
8.1 Scope and Duration of Warranties
Seller warrants to Buyer that the Standard EMCO Brand Products Excluding
5211 & 5220 be (1) free from defects in material, manufacturing workmanship,
and title, and (2) conform to the Seller’s applicable product descriptions and
specifications, if any, contained in or attached to Seller’s quotation. If no product
descriptions or specifications are contained in or attached to the quotation,
Seller’s applicable product descriptions and specifications in effect on the date of
shipment shall apply. The criteria for all testing shall be Seller’s applicable
product specifications utilizing factory-specified calibration and test procedures
and instruments.
All product warranties, except the warranty of title, and all remedies for warranty
failures are limited in time as shown in the following table.
Product Warranted Duration of Warranty Period
Standard EMCO Brand Products
Excluding 5211 & 5220
2 Years
Any product or part furnished to Buyer during the warranty period to correct a
warranty failure shall be warranted to the extent of the unexpired term of the
warranty applicable to the repaired or replaced product.
The warranty period shall commence on the date the product is delivered to
Buyer; however, if Seller assembles the product, or provides technical direction
of such assembly, the warranty period for such product shall commence on the
date the assembly of the product is complete. Notwithstanding the foregoing, in
the event that the assembly is delayed for a total of thirty (30) days or more from
the date of delivery for any reason or reasons for which Seller is not responsible,
the warranty period for such product may, at Seller’s options, commence on the
thirtieth (30th) day from the date such product is delivered to Buyer. Buyer shall
promptly inspect all products upon delivery. No claims for shortages will be
allowed unless shortages are reported to Seller in writing within ten (10) days
after delivery. No other claims against Seller will be allowed unless asserted in
writing within thirty (30) days after delivery (or assembly if the products are to be
assembled by Seller) or, in the case of alleged breach of warranty, within the
applicable warranty period.
8.2 Warranty Exclusions
Except as set forth in any applicable patent indemnity, the foregoing warranties
are exclusive and in lieu of all other warranties, whether written, oral, express,
implied, or statutory. EXCEPT AS EXPRESSLY STATED ABOVE, SELLER
MAKES NO WARRANTY, EXPRESS OR IMPLIED, BY STATUTE OR
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