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248083227-1 Rev 8
D-1
D
Limited Warranty
Limitation Of Warranties:
A.
Lighthouse Worldwide Solutions (LWS) warrants that all equip-
ment shall be free from defects in material and workmanship
under normal use for a period of two years from date of shipment
to Buyer except that 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, trans-
portation charges prepaid, within two years from date of ship-
ment to Buyer and upon examination LWS determines to its
satisfaction that such equipment is defective in material or work-
manship, 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 mod-
ified 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 fil-
ters carry no warranty. If a third party battery is used in the prod-
uct, 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 WITH
RESPECT TO THE EQUIPMENT AND ANY DEFECTS
THEREIN OF ANY NATURE WHATEVER, INCLUDING
AND WITHOUT LIMITATION WARRANTIES OF MER-
CHANTABILITY OR FITNESS FOR A PARTICULAR PUR-
POSE. 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 LIA-
BILITY, 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 OTHER-
WISE, 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 SPECIFI-
CALLY ACKNOWLEDGES THAT SELLER’S PRICE FOR
THE 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 work-
manship 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 RLPC 0.1m
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