
FASTRAK MANUAL
Rev. G
A-1
JUNE 2012
APPENDIX A. Limited Warranty and Limitation of Liability
Polhemus warrants that the Product shall be free from defects in material and workmanship for a
period of two years from the date of Polhemus’ delivery to the Buyer, or two years and 30 days
from the date ownership of Product passed to the Buyer, whichever occurs first, with the
exception of FastSCAN, Marker, and mechanical failure of a battery assembly which have a
warranty period of only one year. Batteries have a 90 day warranty period. Polhemus shall, upon
notification within the warranty period, correct such defects by repair or replacement with a like
serviceable item at Polhemus’s option. This warranty shall be considered void if the Product is
operated other than in accordance with the instructions in Polhemus’s User Manual or is
damaged by accident or mishandling. Parts or material which are disposable or expendable or
subject to normal wear beyond usefulness within the warranty period such as lamps, fuses, etc.,
are not covered by this warranty.
In the event any Product or portion thereof is defective, Buyer shall promptly, and within the
warranty period, notify Polhemus in writing of the nature of the defect and return the defective
parts to Polhemus at the direction of Polhemus’s Customer Service representative. Upon
determination by Polhemus that the parts or Products are defective and covered by the warranty
set forth above, Polhemus, at its option shall repair or replace the same without cost to Buyer.
Buyer shall be responsible for any import/export duties/tariffs and pay all charges for
transportation and delivery costs to Polhemus’s factory for defective parts where directed to be
sent to Polhemus, and Polhemus shall pay for transportation costs to Buyer’s facility only for
warranty replacement parts and Products. Removed parts covered by claims under this warranty
shall become the property of Polhemus.
In the event that allegedly defective parts are found not to be defective, or not covered by
warranty, Buyer agrees that Polhemus may invoice Buyer for all reasonable expenses incurred in
inspecting, testing, repairing and returning the Products and that Buyer will pay such costs on
being invoiced therefor. Buyer shall bear the risk of loss or damage during transit in all cases.
Any repaired or replaced part or Product shall be warranted for the remaining period of the
original warranty or thirty (30) days, whichever is longer.
Warranties shall not apply to any Products which have been:
•
repaired or altered other than by Polhemus, except when so authorized in writing by
Polhemus; or
•
used in an unauthorized or improper manner, or without following normal operating
procedures; or
•
improperly maintained and where such activities in Polhemus’s sole judgment, have
adversely affected the Products. Neither shall warranties apply in the case of damage
through accidents or acts of nature such as flood, earthquake, lightning, tornado,
typhoon, power surge(s) or failure(s), environmental extremes or other external causes.
Warranties shall not apply to any Products if the Products are defective because of
normal wear and tear; or
•
used for any purpose without obtaining any applicable regulatory approvals.