Thermo 6464K, Инструкция по эксплуатации

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OM6464K Rev. 4 11 January 2004 Page 21 of 24
Warranty
Thermo warrants that the Products will operate
substantially in conformance with Thermo’s Specifications
applicable to such Products, when subjected to normal,
proper and intended usage by properly trained personnel,
for a period of twenty-four (24) months from the date of
installation, not to exceed thirty (30) months from date of
shipment from Thermo (the “Warranty Period”). Thermo
agrees during the applicable Warranty Period, provided it is
promptly notified in writing upon the discovery of any
defect and further provided that all costs of returning the
defective Products to Thermo are pre-paid by Purchaser, to
repair or replace, at Thermo's option, non-conforming
Products so as to cause the same to operate in substantial
conformance with said Specifications. Such repair shall
include parts only during the final twelve (12) months of
the Warranty Period. Replacement parts may be new or
refurbished, at the election of Thermo. All replaced parts
shall become the property of Thermo. Lamps, fuses, bulbs
and other expendable items are expressly excluded from
the warranty. Thermo's sole liability with respect to
equipment, materials, parts or software furnished to
Thermo by third party suppliers shall be limited to the
assignment by Thermo to Purchaser of any such third party
supplier's warranty, to the extent the same is assignable.
In no event shall Thermo 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 Purchaser, (iv) use of the Products in a
manner for 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 Thermo. If
Thermo determines that Products for which Purchaser has
requested warranty services are not covered by the
warranty hereunder, Purchaser shall pay or reimburse
Thermo for all costs of investigating and responding to
such request at Thermo's then prevailing time and
materials rates. If Thermo provides repair services or
replacement parts that are not covered by the warranty,
Purchaser shall pay Thermo therefore at Thermo'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 THERMO WITHOUT THERMO'S
PRIOR WRITTEN APPROVAL, OR ANY USE OF
REPLACEMENT PARTS NOT SUPPLIED BY THERMO,
SHALL IMMEDIATELY VOID AND CANCEL ALL
WARRANTIES WITH RESPECT TO THE AFFECTED
PRODUCTS.
THE OBLIGATIONS CREATED BY THIS SECTION TO
REPAIR OR REPLACE A NON-CONFORMING PRODUCT
SHALL BE THE SOLE REMEDY OF PURCHASER IN THE
EVENT OF A NON-CONFORMING PRODUCT. EXCEPT AS
EXPRESSLY PROVIDED IN THIS WARRANTY, THERMO
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE
PRODUCTS, DELIVERABLES AND SERVICES, INCLUDING
WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE. THERMO DOES NOT
WARRANT THAT THE PRODUCTS, DELIVERABLES AND
SERVICES, ARE ERROR-FREE, OR WILL ACCOMPLISH
ANY PARTICULAR RESULT. FURTHER, WITH RESPECT
TO ANY SOFTWARE PRODUCT OR LICENCED
SOFTWARE, PROVIDED TO PURCHASER HEREUNDER,
THERMO MAKES NO REPRESENTATIONS OR WARRANTY
THAT ALL ERRORS HAVE BEEN OR CAN BE ELIMINATED
FROM THE SOFTWARE, THAT IT WILL OPERATE
WITHOUT INTERRUPTION OR THAT IT WILL OPERATE
WITH OTHER PRODUCTS. THERMO EXPRESSLY
DISCLAIMS ANY WARRANTY WHATSOEVER WITH
RESPECT TO ANY OTHER THIRD PARTY PRODUCTS
WHETHER LICENSED OR SOLD TO PURCHASER
DIRECTLY BY A THIRD PARTY VENDOR OR SUBLICENSED
OR RESOLD TO PURCHASER BY THERMO. Thermo
warrants that the Services provided hereunder will comply
with the requirements expressly set forth in the terms and
conditions set forth in this warranty hereto and will
otherwise be performed in accordance with generally
accepted industry practice by competent personnel. In the
event that any Services fail to comply with the foregoing
standard, Thermo will, at its option, provided it is promptly
notified in writing upon discovery of such failure, either
repeat such non-complying Services at no additional charge
or refund to Purchaser all fees theretofore paid by
Purchaser with respect to such non-complying Services.
Notwithstanding the foregoing, the cost of any such repeat
of Services which generates results consistent with the
original results will be at Purchaser’s expense. THE
FOREGOING WARRANTY IS THE SOLE AND EXCLUSIVE
WARRANTY GIVEN BY THERMO IN CONNECTION WITH
THE SERVICES PERFORMED HEREUNDER, AND IS IN LIEU
OF ALL OTHER WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITTEN.”
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Copyright © 2004 by Thermo Electron Corporation
All rights reserved. No part of this work may be reproduced or transmitted in any form
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in writing by Thermo Electron Corporation. Printed in the United States of America.