Appendix B Warranty Statement
New instruments sold by TREK, INC. (hereinafter called the “Company”) are warranted only
as stated below:
Subject to the exceptions and upon the conditions specified below, the Company agrees to
correct, either by repair, or in the Company’s sole discretion, by replacement, any defect of
material or workmanship which develops within one year from the date of original purchase
by the customer (user), provided that investigation and factory inspection by the Company
discloses that such defect developed under normal and proper use. Repair or replacement are
the exclusive remedies under this warranty (batteries are not included under this warranty).
The exceptions and conditions mentioned are as follows:
(a) The Company makes no warranty concerning components or accessories not
manufactured by itself.
(b) The Company is released from all obligations under this warranty in the event that repairs
or modifications are made by persons other than its own or authorized personnel, unless such
repairs by others are made with the prior written consent of the Company. In the event of a
failure, and the customer neglects to take prompt and reasonable actions to prevent further
damage, the Company cannot be responsible for consequent damage.
(c
) THERE ARE NO OTHER WARRANTIES WHICH EXTEND BEYOND THOSE
EXPRESSLY PROVIDED FOR HEREIN AND THE AFORESAID WARRANTY AND
THE COMPANY’S OBLIGATIONS AND LIABILITIES THEREUNDER ARE IN LIEU
OF, AND CUSTOMER WAIVES ALL OTHER WARRANTIES AND GUARANTEES
AND ALL OTHER LIABILITIES THEREFORE, EXPRESS OR IMPLIED, ARISING BY
LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
AND ALL OBLIGATIONS AND LIABILITIES WITH RESPECT TO LOSS OF USE,
REVENUE OR PROFIT, OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL
DAMAGES OF ANY KIND AND FROM ANY CAUSE WHATSOEVER ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE MANUFACTURE, SALE, HANDLING,
REPAIR, MAINTENANCE OR REPLACEMENT OF SAID PRODUCTS.
(d) Representation and warranties made by any person, including dealers and representatives
of the Company, which are inconsistent or in conflict with the terms of this warranty
(including, but not limited to, the limitations of the liability of the Company as set forth
above), shall not be binding upon the Company unless reduced to writing and approved by an
officer of the Company.
(e) This warranty shall be governed by the laws of the State of New York.
Warranty - 3
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