Version 1.7 (June 2017)
TSI Flowmeters Ltd.
TSI Flowmeters Ltd., of Unit 1, Portlaoise Enterprise
Centre, Clonminam Business Park, Portlaoise, Co. Laois,
R32 VK07, Ireland (Warrantor), warrants to the original
purchaser of the new fire protection equipment
manufactured by Warrantor and to any person to whom
such equipment is transferred, that such equipment
shall be free from defects in materials and workmanship
during the one (1) year period commencing upon the
receipt of such equipment by the original purchaser
thereof (“warranty period”).
Warrantor’s obligation under this warranty is
specifically limited to replacing or repairing its fire
protection equipment or parts thereof, which are
shown by Warrantor’s examination to be in a defective
condition attributable hereunder to Warrantor. To
qualify for this Warranty, alleged defective equipment
MUST be returned to Warrantor at its above address,
transportation charges prepaid, within a reasonable
time after discovery of an alleged defect, and in no
event later than thirty (30) days after the expiration
of the warranty period. If, as a result of Warrantor’s
examination of returned equipment, Warrantor
concludes that a product defect attributable hereunder
to Warrantor exists, Warrantor shall cure such defect
within a reasonable time, not to exceed forty-five (45)
days after such examination. All expenses in curing such
defect, except for transportation charges and shipping
expenses incurred in delivering such equipment to
Warrantor, shall be paid by Warrantor.
In the event that such equipment is found to be
attributable hereunder to Warrantor and Warrantor
is unable to provide replacement, or repair is not
commercially practicable or cannot be timely made,
Warrantor may elect to refund to claimant the
purchase price of such equipment actually received by
Warrantor, less reasonable depreciation, in complete
discharge of its obligations hereunder. If Warrantor
elects to comply with this warranty by means of such
refund, as a condition precedent to such compliance,
the claimant shall return such equipment to Warrantor
free and clear of liens and other encumbrances.
THE ORIGINAL PURCHASER OF SUCH EQUIPMENT,
AND PERSON TO WHOM SUCH EQUIPMENT IS
TRANSFERRED, AND ANY PERSON WHO IS AN
INTENDED OR UNINTENDED BENEFICIARY OF
SUCH EQUIPMENT, SHALL NOT BE ENTITLED
TO RECOVER FROM WARRANTOR ANY
CONSEQUENTIAL OR INCIDENTAL DAMAGES
FOR INJURY TO PERSON AND/OR PROPERTY
RESULTING FROM ANY DEFECTIVE EQUIPMENT
MANUFACTURED BY WARRANTOR.
Misuse or neglect (including failure to provide reasonable
maintenance) of, or accident or unauthorised repairs
or alterations to, such equipment, shall release and
8 LIMITEd WARRANTy
discharge Warrantor from any obligations under this
warranty or otherwise.
WARRANTOR EXPRESSLY LIMITS WITH RESPECT
TO SUCH EQUIPMENT ALL IMPLIED WARRANTIES
OF MERCHANTABILITY AND ALL IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE TO THE WARRANTY PERIOD. AFTER
EXPIRATION OF THE WARRANTY PERIOD,
WARRANTOR EXPRESSLY DISCLAIMS WITH
RESPECT TO SUCH EQUIPMENT ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND
ALL IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE. THERE IS NO WARRANTY
OF ANY NATURE MADE BY WARRANTOR BEYOND
THAT WHICH IS CONTAINED HEREIN.
Should Warrantor fail to meet with its obligations
under this warranty, a claimant may sue Warrantor to
secure its compliance with this warranty. No action to
enforce this warranty or to otherwise secure recovery
from Warrantor for any damages arising out of the fire
protection equipment manufactured by Warrantor shall
be commenced later than two (2) months from and
after the date of the receipt of such equipment by the
original purchaser thereof.
NO PERSON HAS AUTHORITY TO ENLARGE,
AMEND, OR MODIFY THIS WARRANTY.
Warrantor reserves the right to change the parts or
design of its products from time to time without notice,
and with no obligation to maintain spare parts or to
make corresponding changes in the products previously
manufactured.
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