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Manufacturer’s Warranty Statement
Galvanic Applied Sciences Inc. (“Seller”) warrants that its products will be free from defects in
materials and workmanship under normal use and service in general process conditions for 12
months from the date of Product start-up or 18 months from the date of shipping from Seller’s
production facility, whichever comes first (the “Warranty Period”). Products purchased by Seller
from a third party for resale to Buyer ("Resale Products") shall carry only the warranty extended by
the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond
making a reasonable commercial effort to arrange for procurement and shipping of the Resale
Products. Buyer must give Seller notice of any warranty claim prior to the end of the Warranty
Period. Seller shall not be responsible for any defects (including latent defects) which are reported
to Seller after the end of the Warranty Period.
THIS WARRANTY AND ITS REMEDIES ARE IN LIEU OF ALL OTHER WARRANTIES OR
CONDITIONS EXPRESSED OR IMPLIED, ORAL OR WRITTEN, EITHER IN FACT OR BY
OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OR CONDITIONS
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WHICH SELLER SPECIFICALLY DISCLAIMS.
Seller’s obligation under this warranty shall not arise until Buyer notifies Seller of the defect.
Seller’s sole responsibility and Buyer’s sole and exclusive remedy under this warranty is, at
Seller’s option, to replace or repair any defective component part of the product upon receipt
of the Product at Seller’s production facility, transportation charges prepaid or accept the return
of the defective Product and refund the purchase price paid by Buyer for that Product. If
requested by Buyer, Seller will use its best efforts to perform warranty services at Buyer’s facility,
as soon as reasonably practicable after notification by the Buyer of a possible defect provided
that Buyer agrees to pay for travel time, mileage from the Seller’s facility or travel costs to the
airport / train station closest to Buyer’s facility plus all other travel fees, hotel expenses and
subsistence.
Except in the case of an authorized distributor or seller, authorized in writing by Seller to
extend this warranty to the distributor’s customers, the warranty herein applies only to the original
purchaser from Seller (“Buyer”) and may not be assigned, sold, or otherwise transferred to a
third party. No warranty is made with respect to used, reconstructed, refurbished, or previously
owned Products, which will be so marked on the sales order and will be sold “As Is”.
Limitations
These warranties do not cover:
•
Consumable items such as lamps.
•
Analyzer components which may be damaged by exposure to contamination or fouling
from the process fluid due to a process upset, improper sample extraction techniques
or improper sample preparation, fluid pressures in excess of the analyzer’s maximum
rated pressure or fluid temperatures in excess of the analyzer’s maximum rated
temperature. These include but are not limited to sample filters, pressure regulators,
transfer tubing, sample cells, optical components, pumps, measuring electrodes,
switching solenoids, pressure sensors or any other sample wetted components.
•
Loss, damage, or defects resulting from transportation to Buyer’s facility, improper or