Julabo Pura 10, Оригинальное руководство по эксплуатации

Страница: 28 / 32

Maintenance
28
AND EXCLUSIVE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE FOR ANY
REASON WHATSOEVER, IN NO EVENT SHALL SELLER BE LIABLE FOR BUYER’S
MANUFACTURING COSTS, LOST PROFITS, GOODWILL, OR ANY OTHER SPECIAL,
INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO BUYER
OR ANY THIRD PARTY AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED.
Assignment
Buyer shall not assign any of its rights or obligations hereunder without the
prior written approval of Seller; provided, however, that if Buyer is a distributor
of Seller, the rights and obligations of Buyer under these Warranty Provisions
shall inure to the benefit of and be binding upon Buyer’s customers who provide
the product’s proof of purchase to Seller pursuant to the terms set forth herein.
Seller may assign any or all of its rights or obligations hereunder without Buyer’s
prior consent.
Governing Law
The Warranty Provisions and all questions relating to their validity,
interpretation, performance, and enforcement shall be construed in accordance
with, and shall be governed by, the substantive laws of the Commonwealth of
Pennsylvania without regard to its principles of conflicts of law.
Waiver
Any failure of the part of Seller to insist on strict compliance with the Warranty
Provisions shall no way constitute a waiver of such right. No claim or rights
arising out of a breach of the Warranty Provisions by Buyer may be discharged
in whole or in part by a waiver of the claim or right, unless the waiver is in
writing signed by an authorized representative of Seller. Seller’s waiver or
acceptance of any breach by Buyer of any provisions of the Warranty Provisions
shall not constitute a waiver of or an excuse for nonperformance as to any other
provision of the Warranty Provisions nor as to any prior or subsequent breach of
the same provision.
Freight
Seller will arrange and pay for shipping and handling for the return of the unit
to the Buyer.
Out of Box Failure (OBF)
An Out of Box Failure (OBF) is defined as a product failure immediately
following unpacking and installation of a newly delivered product. JULABO
provides a 14-day grace period after the date of shipment, during which time
the delivered product must be checked for defect. The same exclusions that
apply to the regular warranty also apply to OBF classification. For example,
JULABO will not be liable for transport damage, damage inflicted by the
customer or any other party, or defects arising from improper installation or
usage.