5
General Terms and Conditions
Although we are striving to improve quality and reliability of our products, failure in electric components and
devices may happen with a certain probability. It is highly recommended to employ fail-safe designs, including
redundant design, flame propagation prevention design, and malfunction prevention design, as well as
periodical maintenance to avoid any risk of bodily injury, fire accident, or social damage due to any failure of
our products.
Please read carefully and accept the following “Cautions for Safe Use” and “Warranty Policy” before using our
products.
1.
PRODUCT MODIFICATIONS & DISCONTINUANCE:
Panasonic Industrial Devices SUNX expressly reserves the right to modify, including the right to
discontinue, any of the Products, prior to their order, from time to time without notice.
2.
WARRANTIES:
(1) Subject to the exclusions stated in 3 (EXCLUSIONS) herein below, Panasonic Industrial Devices
SUNX warrants the Products to be free of defects in material and workmanship for a period of one
(1) year from the date of shipment under normal usage in environments commonly found in
manufacturing industry.
(2) Any Products found to be defective must be shipped to Panasonic Industrial Devices SUNX with all
shipping costs paid by Purchaser for inspection and examination. Upon examination by Panasonic
Industrial Devices SUNX, Panasonic Industrial Devices SUNX will, at its sole discretion, repair or
replace at no charge, or refund the purchaser price of, any Products found to be defective.
3.
EXCLUSIONS:
(1) This warranty does not apply to defects resulting from any cause:
(i)
which was due to abuse, misuse, mishandling, improper installation, improper interfacing, or
improper repair by Purchaser;
(ii)
which was due to unauthorized modification by Purchaser, in part or in whole, whether in
structure, performance or specification;
(iii) which was not discoverable by a person with the state-of-the-art scientific and technical
knowledge at the time of manufacture;
(iv) which was due to an operation or use by Purchaser outside of the limits of operation or
environment specified by Panasonic Industrial Devices SUNX;
(v) which was due to Force Majeure; and
(vi) which was due to any use or application expressly discouraged by Panasonic Industrial
Devices SUNX in 5 (CAUTIONS FOR SAFE USE) hereunder.
(2) This warranty extends only to the first purchaser for application, and is not transferable to any
person or entity which purchased from such purchaser for application.
4.
DISCLAIMERS:
(1) Panasonic Industrial Devices SUNX’s sole obligation and liability under this warranty is limited to
the repair or replacement, or refund of the purchase price, of a defective Product, at Panasonic
Industrial Devices SUNX’s option.
(2) THE REPAIR, REPLACEMENT, OR REFUND IS THE EXCLUSIVE REMEDY OF THE
PURCHASER, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE
HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL PANASONIC INDUSTRIAL
DEVICES SUNX AND ITS AFFILIATED ENTITIES BE LIABLE FOR DAMAGES IN EXCESS OF
THE PURCHASE PRICE OF THE PRODUCTS, OR FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING
FROM LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OR
INACCURACY OF DATA, LOSS OF PROFITS, LOSS OF SAVINGS, THE COST OF
PROCUREMENT OF SUBSTITUTED GOODS, SERVICES OR TECHNOLOGIES, OR FOR ANY
MATTER ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE
PRODUCTS.