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Maintenance
77
9.7
Warranty
The following Warranty Provisions shall apply to products sold in North America
by JULABO (“Seller”) to the entity shown as buyer (“Buyer”) on Seller’s invoice.
1.
Initial Warranty
.
Upon Seller’s receipt of payment in full for the products and subject to Buyer’s
compliance with the terms of sale and any other agreement with Seller relating
to the products, Seller warrants to the Buyer that the products manufactured by
the Seller are free from defects in material and workmanship for a period not to
exceed two (2) years or ten thousand (10,000) hours of operation, whichever
comes first, from the date the product is shipped by Seller to Buyer (the “Initial
Warranty”).
2.
EXCLUSION OF ALL OTHER EXPRESS WARRANTIES; EXCLUSION
OF ALL IMPLIED WARRANTIES.
OTHER THAN THE INITIAL WARRANTY, NO OTHER EXPRESS WARRANTIES ARE
MADE. ALL IMPLIED WARRANTIES OF EVERY TYPE AND KIND, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR USE, ARE EXCLUDED IN ALL RESPECTS AND
FOR ALL PURPOSES. SELLER DISCLAIMS AND MAKES NO IMPLIED WARRANTIES
WHATSOEVER.
3.
Exclusions
.
The Initial Warranty does not include damage to the product resulting from
accident, misuse, improper installation or operation, unauthorized or improper
repair, replacement or alteration (including but not limited to repairs,
replacements, or alterations made or performed by persons other than Seller’s
employees or authorized representatives), failure to provide or use of improper
maintenance, unreasonable use or abuse of the product, or failure to follow
written installation or operating instructions. Buyer must return the product’s
record of purchase to the Seller or one of Seller’s authorized representatives
within thirty (30) days of the date the product is shipped by Seller to Buyer in
order to make a claim under the Initial Warranty. Notwithstanding anything
contained herein to the contrary, all glassware, including but not limited to
reference thermometers, are expressly excluded from the Initial Warranty.
4.
Buyer’s sole remedies; Limitations on Seller’s Liability
.
Buyer’s sole and exclusive remedy under the Initial Warranty is strictly limited, in
Seller’s sole discretion, to either: (i) repairing defective parts; or (ii) replacing
defective parts. In either case, the warranty period for the product receiving a
repaired or replaced part pursuant to the terms of the Initial Warranty shall not
be extended. All repairs or replacements performed by Seller pursuant to these
Warranty Provisions shall be performed at Seller’s facility in Allentown,
Содержание MAGIO M5
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