Universal Flow Monitors FlowStream FP Series, Руководство пользователя

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FPMAN-1-190214 Page 20
WARRANTY INFORMATION
1) ACCEPTANCE AND INTEGRATION CLAUSE:
This Sales Order Acknowledgment and the sales
order information that Universal Flow Monitors, Inc. ("Universal") attaches to or associates with it (herein
"Acknowledgment"), constitutes an acceptance by Universal of an offer by the buyer upon the conditions and
terms and at the prices stated in this Acknowledgment. The Acknowledgment contains the entire
understanding of Universal and the buyer regarding the subject matter of said Acknowledgment. This
Acknowledgment may only be modified by a written agreement signed by the party against whom
enforcement is sought.
2) WAIVER: Waiver by Universal of any default(s) by the buyer shall not constitute waiver by Universal
of any of the conditions of the agreement between Universal and the buyer as set forth hereunder with respect
to any further or subsequent default by the buyer.
3) FORCE MAJEURE: Universal shall not be responsible for failure or delays in deliveries due to
fire, strikes, breakdowns, acts of God, failure of carriers, inability to secure required materials, or other
causes beyond Universal's control. Buyer waives any claims for damage arising by virtue of delay in delivery
of material by Universal.
4) LIMITED WARRANTY:
(a) Warranty. For a period of one year from the date of manufacture, Universal warrants that each product
covered by this Acknowledgment will be free from defects in material and workmanship. In order to qualify
for any remedy provided in this Acknowledgment, buyer must give notice to Universal within the one-year
period, return the product to Universal freight paid and intact with Material Safety Data Sheets covering
all substances passing through the product or that form a residue on the product.
(b) Exclusive Remedy. The buyer's EXCLUSIVE REMEDY for failure of any product to conform to any
warranty or otherwise for any defect is, at Universal's sole option: (i) repair; (ii) replacement; or (iii) refund
of the entire purchase price for the specific product. Without limiting the foregoing, in no case will Universal
be liable for de-installation of any defective product or installation of any repaired or replaced product. THIS
REMEDY I S THE EXCLUSIVE REMEDY AVAILABLE TO THE BUYER OR ANY OTHER
PERSON. UNIVERSAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES IN CONNECTION WITH ANY
CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
(c) Disclaimer of Other Warranties. The express warranty in this Acknowledgment is in lieu of any other
warranty, express or implied. Without limiting the foregoing, UNIVERSAL DISCLAIMS THE IMPLIED
WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE.
(d) Special Note About Fitness for a Particular Purpose. This website and other materials of Universal may
place products into, or display products in, categories according to function, size, construction, materials, or other
property. This is for organizational purposes only and NO PLACEMENT OF ANY PRODUCT IN ANY
CATEGORY OR ANY PRESENTATION OF A PRODUCT IN RELATION TO OTHER PRODUCTS
WILL CONSTITUTE A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
5) PROHIBITED USES:
As a condition of the sale of goods or services, buyer will not use, sell, distribute,
or otherwise transfer for use, or permit to be used, sold, distributed, or otherwise transferred any product
purchased from Universal for any of the following uses:
(a) Nuclear Energy Applications. Any application involving, directly or indirectly: (i) exposure of any
product to any hazardous properties of nuclear material; (ii) dependence on the proper functioning of
the product for the operation of a nuclear facility by any person or organization; (iii) use in or for any
equipment or device used for the processing, fabricating or alloying of special nuclear material if, at any
time, the total amount of such material on the premises where such equipment or device is located consists
of or contains more than 25 grams of (A) Plutonium (any isotope) or Uranium 233 or any
combination thereof; (B) more than 250 grams of Uranium 235; (iv) use in, or for the control of any aspect
of, any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste.
The foregoing include, without limitation, any application involving nuclear material contained in spent fuel
or waste that is possessed, handled, used, processed, stored, transported or disposed of, any application related
to the furnishing of services, materials, parts or equipment in connection with the planning, construction,
maintenance, operation or use of any nuclear facility.