F:\MARKETING\TECHNICAL MANUALS\Air Samplers\DF Battery TECH MANUALS\DF-75 LPM SERIES.doc
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WARRANTY
Limited Warranty:
The Seller represents and warrants to the Purchaser that any equipment
manufactured by Seller and bearing Seller’s name plate to be free from defects in material or
workmanship, under proper and normal use and service, as follows: if, at any time within 1 year from
the date of sale, the Seller receives written notification from Purchaser, that in Purchaser’s opinion, the
equipment is defective and returns the equipment to the Seller’s originating factory prepaid and the
Seller’s inspection finds the equipment to be defective in material or workmanship, the Seller will
promptly correct it by either, at Seller’s option, repairing any defective part or material or replacing it
free of charge and return shipped lowest cost transportation prepaid. (If Purchaser requests premium
transportation, Purchaser will be billed for transportation costs.) If inspection by the Seller does not
disclose any defect in material or workmanship, the Seller’s regular charges for repair or replacement
will apply. Any replacement or repair will be warranted for the remainder of the original warranty or
thirty (30) days, whichever is longer.
Sole Remedy:
Seller’s entire liability and Purchaser’s exclusive remedy shall be limited to the repair or
the replacement of materials or parts as herein described.
Limitations:
Notwithstanding the warranty provisions set forth herein, this warranty shall be effective
only if installation, use and maintenance is in accordance with Seller’s instructions and written notice
of a defect is received by the Seller within the period herein provided. Seller shall have no warranty
obligations with respect to any failures of the equipment which are the result of accident, abuse,
misapplication, extreme power surge or extreme electromagnetic field.
Disclaimer of Warranties:
This warranty is the sole and exclusive warranty offered by Seller and is in
lieu of any other warranties written, oral or implied; specifically without limitation, there is no
warranty of merchantability or fitness for any purpose, even if Purchaser has been informed of such
purpose.
LIMITATION OF LIABILITY
The Seller shall not be liable for any claim for consequential or incidental loss or damage arising or
alleged to have risen from any delay in delivery, malfunction, failure of the equipment or Seller’s
inability to provide maintenance services for hardware or software related to the products.
Accordingly, Purchaser agrees that Seller shall not be responsible to Purchaser for any loss-of-profit,
indirect, incidental special or consequential damages arising out of the use of products or services. The
Seller’s liability for any other loss or damage arising out of or connected with the manufacture, sale or
use of the equipment sold or service provided in a maintenance service contract, including liability
that arises from any claim based on breach or repudiation of contract, warranty, tort, or otherwise, shall
not in any event exceed the price of the equipment or services supplied by Seller. Seller reserves the
right make changes, at any time without notice, in prices, colors, materials, specifications and models;
and to discontinue models.
