Multifeeder MFT 102hsm, Руководство оператора

Страница: 81 / 85

6.3 Product Samples. Seller requires Buyer to supply Product Samples to MFT prior to MFT’s submission of a Proposal to Buyer, and in sufficient
quantities to (a) evaluate Product Samples for consistency in structure and form, and (b) design the System Specifications to process the
Product Samples provided. The projected System performance, as presented in the Proposal, is valid only for Product Samples provided to
Seller prior to the date of the Proposal. Buyer must also supply to Seller actual Product Samples to the same specification as those provided
prior to the MFT Proposal, so that MFT may conduct Acceptance Testing of the System, as set forth above in paragraphs 6.1.1-6.1.2. MFT will
estimate and advise Buyer of the quantity of Product Samples MFT requires. If not otherwise specified by MFT, MFT requires a stack of each
Product Sample, approximately 25 inches high, for testing any System that is composed of feeders. If automatic product loaders are to be
tested, a minimum of 5,000 samples are required. Product Samples should be shipped at Buyer’s cost to Seller no later than ten (10) days after
Seller’s acceptance of Buyer’s Order. Product Samples will not be returned. Seller does not guarantee feeding performance of any specific
product unless an exact Product Sample has been tested before delivery of the System to Buyer. LIMITED WARRANTY AND LIMITATION
OF LIABILITY To activate the warranty, Buyer must sign and return to MFT (a) the Proposal and (b) fully completed warranty registration
cards, which Buyer will receive with the System. Seller warrants to Buyer, for a period of one year from the date of delivery of the System to
Buyer or for 2000 operating hours, whichever occurs first, that the System or Accessory Product(s) will be free from defects in material and
workmanship. An extension of this Limited Warranty is available for an additional charge. OTHER THAN THE FOREGOING, NO WARRANTY
OR GUARANTEE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR
FITNESS FOR ANY PURPOSE IS MADE. THE EXPRESS WARRANTY SET FORTH HEREIN SHALL BE THE SOLE AND EXCLUSIVE
REMEDY BY THE BUYER HEREUNDER FOR ANY SYSTEM OR ACCESSORY PRODUCTS DELIVERED TO THE BUYER WHICH ARE
FOUND TO BE DEFECTIVE IN ANY MANNER, WHETHER SUCH REMEDIES BE IN CONTRACT, TORT, STRICT LIABILITY, OR BY
LAW. OTHER THAN AS SET FORTH HEREIN, SELLER SHALL UNDER NO CIRCUMSTANCE BE DIRECTLY OR INDIRECTLY LIABLE
FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING FROM SUCH MERCHANDISE, INCLUDING LOST USE, LOST PRODUCT, LOST
REVENUE, LOST PROFITS, COST OF CAPITAL, OR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES. If during the warranty
period, the System or an Accessory Product fails to meet the Specifications, Buyer shall notify in writing of the specific nature of the failure and
all-pertinent observations related to the failure. Seller does not represent or warrant that Systems or Accessory Products sold by it complies
with OSHA or any like state, local, or national law or regulation, and the cost of modification and responsibility for such compliance is imposed
upon Buyer. Equipment must be used in a non-condensing, low-humidity, dry environment, unless explicitly exempted by MFT in writing. THE
TOTAL CUMULATIVE LIABILITY OF SELLER TO BUYER FOR ANY CLAIM OF ANY KIND, FOR ANY LOSS OR DAMAGE WHATSOEVER
ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE SALE OR SERVICING OF THE PRODUCTS HEREIN, SHALL NOT
EXCEED THE PURCHASE PRICE OF THE SYSTEM OR ACCESSORY PRODUCT. BUYER AGREES TO INDEMNIFY, DEFEND AND
HOLD HARMLESS SELLER FROM ALL CLAIMS ARISING IN WHOLE OR IN PART ON ACCOUNT OF IMPROPER USE, ABUSE, MISUSE,
USE NOT IN ACCORDANCE WITH SELLER’S RECOMMENDATIONS SET FORTH IN THE OPERATION, MAINTENANCE AND SYSTEM
MANUALS SUPPLIED BY SELLER, OR BUYER’S FAILURE TO PERFORM UNDER THIS AGREEMENT. Warranty coverage excludes cost
of delivery to and from Seller’s Minnesota facility. All units that the customer wishes to have repaired under warranty shall be accompanied
by a MFT issued Returned Material Authorization (RMA) and must be sent to Multifeeder at Buyer’s expense. A service fee of $500.00 will be
charged for products sent to Seller for warranty repair, which are found to comply with the Specifications. Seller reserves the right to suspend
any and all warranties if the Buyer has a delinquent account. The System and Accessory Products are sensitive. To qualify for the warranty
set forth in this Agreement, the System and Accessory Products warranted must be repaired by knowledgeable and specially trained MFT
personnel only. Accordingly, warranty coverage will be void in its entirety upon any sign or evidence of (a) opening the System or field service
conducted by individuals other than Seller’s authorized personnel, (b) tampering or any kind of misuse of the System including Buyer’s use
of belts, Stripper Wheels or other parts not supplied by Seller, or (c) abuse of the System or Accessory Products. Non-warranty work will be
completed according to Seller’s standard rates and charges in effect at the time.
7. Confidentiality. Buyer acknowledges that Seller’s technology is confidential and agrees not to disclose or utilize for its own commercial benefit
any technology that Buyer learns through the purchase or use of the Systems and/or Accessory Products. In no manner does this Agreement
imply or authorize any form of technology license to Buyer for any portion of Seller’s technology except for Buyer’s use of the System and
Accessory Products for their intended purpose.
81
[ 81 ]
Setup Maintenance Terminology Safety Introduction Terms/Conditions