Lighthouse ActiveCount100 Operating Manual
248083444-1 Rev 2
P a g e
40 of 40
Appendix C: Limited Warranty
Limitation of Warranties
A.
Lighthouse Worldwide Solutions (LWS) warrants that all equipment shall be free from defects in material and workmanship under
normal use for a period of two years from date of shipment to Buyer. LWS does not warrant that operation of the software will be
completely uninterrupted or error free or that all program errors will be corrected. Buyer shall be responsible for determining
that the equipment is suitable for Buyer’s use and that such use complies with any applicable local, state, or federal law.
Provided
that Buyer notifies LWS in writing of any claimed defect in the equipment immediately upon discovery and any such equipment is
returned to the original shipping point, transportation charges prepaid, within two years from date of shipment to Buyer and upon
examination LWS determines to its satisfaction that such equipment is defective in material or workmanship, i.e. contains a defect
arising out of the manufacture of the equipment and not a defect caused by other circumstances, including, but not limited to
accident, misuse, unforeseeable use, neglect, alteration, improper installation, improper adjustment, improper repair, or improper
testing, LWS shall, at its option, repair or replace the equipment, shipment to Buyer prepaid. LWS shall have reasonable time to
make such repairs or to replace such equipment. Any repair or replacement of equipment shall not extend the period of warranty.
If the Instrument is modified or in any way altered without the explicit written consent of LWS then the warranty is null and void.
This warranty is limited to a period of two years, except as noted below, without regard to whether any claimed defects were
discoverable or latent on the date of shipment. The length of warranty for pumps in hand held particle counters is one (1) year.
Batteries and accessories with all products are warranted for one (1) year. Fuses and purge filters carry no warranty. If a third
party battery is used in the product, the product warranty is null and void. If the battery is charged by a third party battery charger
the battery warranty is null and void.
B.
If Buyer shall fail to pay when due any portion of the purchase price or any other payment required from Buyer to LWS under this
contract or otherwise, all warranties and remedies granted under this Section may, at LWS’s option, be terminated.
C.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES AND COVENANTS,
EXPRESS OR IMPLIED WITHRESPECT TO THE EQUIPMENT AND ANY DEFECTS THEREIN OF ANY NATURE WHATEVER,
INCLUDING AND WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LWS
SHALL NOT BE LIABLE FOR, AND BUYER ASSUMES ALL RISK OF, ANY ADVICE OR FAILURE TO PROVIDE ADVICE BY LWS TO
BUYER
REGARDING THE EQUIPMENT OR BUYERS USE
OF THE SAME. UNDER NO CIRCUMSTANCES SHALL LWS BE LIABLE TO BUYER UNDER ANY TORT, NEGLIGENCE, STRICT
LIABILITY, OR PRODUCT LIABILITY CLAIM AND BUYER AGREES TO WAIVE SUCH CLAIMS.
LWS’s SOLE AND EXCLUSIVE
LIABILITY AND BUYERS SOLE AND EXCLUSIVE REMEDY, FOR ANY NONCONFORMITY OR DEFECT IN THE PRODUCTS OR
ANYTHING DONE IN CONNECTION WITH THIS CONTRACT, IN TORT, (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
SHALL BE AS SET FORTH IN THE SUBSECTION A HEREOF AS LIMITED BY SUBSECTION B HEREOF. THIS EXCLUSIVE REMEDY
SHALL NOT HAVE FAILED OF ITS ESSENTIAL PURPOSE (AS THAT TERM IS USED IN THE UNIFORM COMMERCIAL CODE)
PROVIDED THAT THE SELLER REMAINS WILLING TO REPAIR OR REPLACE DEFECTIVE EQUIPMENT (AS DEFINED IN
SUBSECTION A) WITH A COMMERCIALLY REASONABLE TIME AFTER RECEIVING SUCH EQUIPMENT. BUYER SPECIFICALLY
ACKNOWLEDGES THAT SELLER’S PRICE FOR T
HE EQUIPMENT IS BASED
UPON THE LIMITATIONS OF LWS’S LIABILITY AS
SET
FORTH IN THIS CONTRACT.
Warranty of Repairs After Initial Two (2) Year Warranty
A.
Upon expiration of the initial two-year warranty, all parts and repairs completed by an authorized Lighthouse repair technician
are subject to a six (6) month warranty.
B.
Other than the above, LWS makes no warranty of any kind expressed or implied, except that the products manufactured and sold
by LWS shall be free from defects in materials and workmanship and
shall conform to LWS’s specifications; Buyer assumes all risk
and liability resulting from use of the products whether used singly or in combination with other products. If instrument is
modified or in any way altered without the explicit written consent of LWS, then the warranty is null and void.
C.
WARRANTY REPAIRS SHALL BE COMPLETED AT THE FACTORY, BY AN AUTHORIZED SERVICE LOCATION, BY AN AUTHORIZED
SERVICE TECHNICIAN, OR ON SITE AT BUYER’S FACILITY BY A LIGHTHOUSE AUTHORIZED EMPLOYEE. BUYER PAYS FREIGHT
TO FACTORY; SELLER WILL PAY STANDARD RETURN FREIGHT DURING THE WARRANTY PERIOD. BUYER MAY SELECT A
FASTER METHOD OF SHIPMENT AT ITS OWN EXPENSE.
Содержание ActiveCount100
Страница 2: ...Blank Page...
