ESPEC Platinous ESL Series, Руководство пользователя, Страница: 124 / 125

118 Platinous User’s Manual
This warranty policy is applicable to chamber models beginning with ES,
EN, ETS and ECT.
ACCEPTANCE LIMITED TO FOLLOWING TERMS : A party seeking to
purchase ESPEC NORTH AMERICA, INC. products (the “Buyer”) is strictly
limited to the following terms. These terms supersede all prior agreements and
understandings between the parties, and these terms shall not be varied or
waived without the express written authorization of ESPEC NORTH AMERICA,
INC. (“ESPEC”).
TECHNICAL INFORMATION/SPECIFICATIONS : All commercial and technical
details and information furnished by ESPEC relating to its products, including
without limitation, drawings, weights and dimensions, and all performance
specifications quoted by ESPEC, are approximations only unless specifically
provided to the contrary.
PRICES : The prices for goods to be sold do not include sales, use, excise or
any other taxes, charges or expenses related to the sale, delivery, use or
consumption of the goods to be sold. The Buyer agrees to directly pay when
due all such taxes, charges or expenses to the extent possible and to promptly
reimburse ESPEC for all such taxes, charges or expenses which ESPEC pays.
The prices for the goods to be sold are based on details, information and
specifications provided by the Buyer, including without limitation, the delivery
date and place for the goods, engineering standards and installation site
conditions. All such details, information and specifications are assumed to be
proper, correct and complete. Any addition to or impropriety, incorrectness,
incompleteness or change in any such details, information and specifications
may result in a change in the purchase price for the goods sold, which change
ESPEC may unilaterally make and Buyer shall pay.
Except as otherwise specifically provided, the purchase price shall be paid by
the Buyer in U.S. dollars.
PAYMENT TERMS : Full payment for the goods shall be due within 30 days
after ESPEC delivers the goods alongside the carrier at ESPEC’s plant.
ESPEC may impose a late charge for each payment under a Contract of Sale
not made when due in an amount not to exceed 5% and may charge interest on
any late payment from the due date at the highest rate permitted by law.
Buyer shall repay ESPEC all attorney’s fees ESPEC incurs collecting late
payments or unpaid accounts.
LIMITED WARRANTY : A limited warranty is given by ESPEC to the original
buyer of new ESPEC equipment. Subject to the conditions and limitations
below, ESPEC warrants that the equipment manufactured by ESPEC is free
from defects in material and workmanship which would render the equipment
unfit for normal and recommended use.
This limited warranty is effective only for the 360 days after the date of
shipment.. During this period, ESPEC will provide repaired or replacement parts
without charge. This warranty covers all components, labor, installation and
associated expenses for the replacement parts, subject to the exceptions below.
This limited warranty does not cover:
1) Parts, labor and installation for the following components: light
bulbs, port plugs, fuses, deionizer cartridges, wiper blades, plug-in
relays, wick socks, water filters, plug-in timers, fasteners, recorder
pens, chart paper, nor water level, flow regulated or height level
adjustments.
2) Defects or damages arising as the result of shipment by common
carriers or private transportation unless ESPEC contractually
assumes the risk of damage to the equipment during shipment.
3) Defects, damages or malfunctions caused by parties other than
ESPEC, including but not limited to defects, damages or
malfunctions arising as the result of improper utilities, mishandling,
modification, abuse, misuse, neglect, intentional damage, improper
repair, loss of refrigerant or improper maintenance, start-up or
installation of the equipment.
4) Defects or damages arising as the result of accident, flood, fire,
earthquake or other act of God.
This is the EXCLUSIVE remedy as between you and the Company with respect
to the equipment provided to you, and ESPEC SHALL NOT BE LIABLE FOR
LOSS OR DAMAGE TO PROPERTY INCLUDING LOSS OR DAMAGE
CAUSED BY FIRE OR EXPLOSION OR FOR ANY ASSOCIATED INCIDENTAL
OR CONSEQUENTIAL LOSS OR EXPENSE, due directly or indirectly to the
use of the equipment.
Except as described above, ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, including the implied warranty of MERCHANTABILITY are disclaimed
and excluded.
This limited warranty is only valid in the contiguous states of the United States of
America and a 150 mile radius from the following Canadian cities; Vancouver,
Toronto, Windsor and Ottawa.
INDEMNIFICATION : Buyer shall defend, indemnify and hold seller harmless
from and against all claims, liabilities, losses, damages, settlement expenses,
and/or attorney’s fees, for injury or death of any person and/or the damage or
loss of any property allegedly or actually resulting from or arising out of the use
or failure of the equipment unless such losses are solely and completely the
result of ESPEC’s negligence. Without limiting the foregoing in any respect,
Buyer’s indemnification duty shall arise out of any misuse of the equipment or
any other negligent or wrongful act or omission of the Buyer or its employees,
agents, and/or subcontractors, or any person or entity who purchases or gains
access to the equipment through the Buyer whether or not ESPEC or any other
person or entity is jointly negligent in the design, manufacture, instruction,
training, provision of warnings, selection, delivery, repair, maintenance,
possession, use, operation or return of the equipment.
DELIVERY/RISK OR LOSS : The risk of loss with respect to the goods to be
sold will pass to the Buyer at ESPEC’s plant upon the delivery of the goods
alongside the designated carrier; and all shipping costs, losses, liabilities and
damages and all insurance and delivery obligations with respect to the goods
once delivered by ESPEC alongside the carrier at ESPEC’s plant, are the
Buyer’s risk and responsibility, although ESPEC will give reasonable assistance
to the Buyer in tendering claims to the carrier.
GOVERNING LAW : Any offer made by ESPEC or any contract entered into by
ESPEC and the Buyer shall be construed and interpreted only according to the
laws of the State of Michigan, U.S.A., including without limitation, the Uniform
Commercial Code as in effect in the State of Michigan, U.S.A. In that regard,
Buyer and Seller specifically agree and acknowledge that the provisions of the
United Nations Convention on Contracts for the International Sale of Goods shall
not apply to the rights and obligations of the parties under the Contract.
VENUE : The Buyer hereby agrees that any suit or claim relating to the sale or
operation of ESPEC’s products shall be filed in the Michigan Circuit Court for
Kent County or in the Federal Court for the Western District of Michigan.
Std/360/360 EFD 0897 0419/07 Rev. 1.02