27
Warranty
Pacific Scientific Instruments (“Seller”) warrants that the Products will operate
substantially in conformance with Seller’s published specifications, when subjected
to normal, proper and intended usage by properly trained personnel, for a period of
one (1) year from the date of shipment to Buyer (the “Warranty Period”). Seller
agrees during the Warranty, provided it is promptly notified in writing upon the
discovery of any defect and further provided that all cost of returning the defective
Products to Seller are prepaid by Buyer, to repair or replace, at Seller’s option,
defective Products so as to cause the same to operate in substantial conformance
with said specifications. Replacement parts may be new or refurbished, at the
election of Seller. All replaced parts shall become the property of Seller. Lamps,
fuses, bulbs and other expendable items are expressly excluded from the warranty
under this Section. Seller’s sole liability with respect to equipment, materials, parts
or software furnished to Seller by third party suppliers shall be limited to the
assignment by Seller to Buyer or any such third party supplier’s warranty, to the
extent the same is assignable. In no event shall Seller have any obligation to make
repairs, replacements or corrections required, in whole or in part, as the result of (i)
normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse,
fault or negligence of or by Buyer, (iv) use of the Products in a manner of which
they were not designed, (v) causes external to the Products such as, but not limited
to, power failure or electrical power surges, (vi) improper storage of the Products or
(vii) use of the Products in combination with equipment or software not supplied by
Seller. If Seller determines that Products for which Buyer has requested warranty
services are not covered by the warranty hereunder, Buyer shall pay or reimburse
Seller for all costs of investigating and responding to such request at Seller’s then
prevailing time and materials rates. If Seller provides repair services or replacement
parts that are not covered by the warranty provided in this Section, Buyer shall pay
Seller therefore at Seller’s then prevailing time and materials rates. ANY
INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR
ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS
PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER
WITHOUT SELLER’S PRIOR WRITTEN APPROVAL, OR ANY USE OF
REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL
IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT
TO THE AFFECTED PRODUCTS. EXCEPT AS EXPRESSLY PROVIDED IN
THIS SECTION, SELLER DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE
PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE
PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY
PARTICULAR RESULT.
12/2000
