MSA 10086004, Инструкция по эксплуатации и руководство пользователя, Страница: 32 / 32

WARRANTY
Mine Safety Appliances Company
General Express Warranty and
Terms of Sale
1. Express Warranty - MSA warrants that the product
furnished under this order is free from mechanical
defects or faulty workmanship for a period of one (1)
year from first use or eighteen (18) months from date
of shipment, whichever occurs first, provided it is
maintained and used in accordance with MSA’s
instructions and/or recommendations. This warranty
does not apply to expendable or consumable parts
whose normal life expectancy is less than one (1) year
such as, but not limited to, non-rechargeable batter-
ies, filament units, instrument filters, lamps, fuses, hel-
met suspensions, limited-use clothing, gloves, etc. or
to products whose life is controlled by government
regulations such as cylinders. Safety Products
Division rubber products including, but not limited to,
facepieces, head harnesses, and nosecups are war-
ranted against defects in workmanship for dry rotting
of the rubber for a period of 5 years from the date of
manufacture. Replacement parts and repairs are war-
ranted for ninety (90) days from the date of repair of
the product or sale of the replacement part, whichever
occurs first. MSA shall be released from all obliga-
tions under this warranty in the event repairs or modi-
fications are made by persons other than its own or
authorized service personnel or if the warranty claim
results from misuse of the product. No agent,
employee or representative of MSA may bind MSA to
any affirmation, representation or modification of the
warranty concerning the goods sold under this con-
tract. MSA makes no warranty concerning compo-
nents or accessories not manufactured by MSA, but
will pass on to the Purchaser all warranties of manu-
facturers of such components.
THIS WARRANTY IS
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY, AND IS STRICTLY LIMITED
TO THE TERMS HEREOF: MSA SPECIFICALLY DIS-
CLAIMS ANY WARRANTY OF MERCHANTABILITY
OR OF FITNESS FOR A PARTICULAR PURPOSE.
2. Exclusive Remedy - It is expressly agreed that the
Purchaser’s sole and exclusive remedy for breach of the
above warranty, for any tortious conduct of MSA, or for
any other cause of action, shall be the repair and/or
replacement, at MSA’s option, of any equipment or parts
thereof, that after examination by MSA are proven to be
defective. Replacement equipment and/or parts will be
provided at no cost to the purchaser, F.O.B. MSA’s plant.
Failure of MSA to successfully repair any non-conforming
product shall not cause the remedy established hereby to
fail of its essential purpose.
3 Exclusion of Consequential Damages - Purchaser
specifically understands and agrees that under no circum-
stances will MSA be liable to Purchaser for economic,
special, incidental or consequential damages or losses of
any kind whatsoever, including but not limited to, loss of
anticipated profits and any other loss caused by reason of
the nonoperation of the goods. This exclusion is applica-
ble to claims for breach of warranty, tortious conduct or
any other cause of action against MSA.
32 TAL 803 (L) Rev. 0 - 10086002