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LIMITATION OF WARRANTY AND LIABILITY
Copyright©
TSI Incorporated / 2012-2014 / All rights reserved.
LIMITATION OF WARRANTY AND LIABILITY (effective April 2014)
(For country-specific terms and conditions outside of the USA, please visit www.tsi.com.)
Seller warrants the goods sold hereunder, excluding software, under normal use and service as described in the
operator's manual, to be free from defects in workmanship and material for twenty-four (24) months, or if less, the length
of time specified in the operator's manual, from the date of shipment to the customer. This warranty period is inclusive of
any statutory warranty. This limited warranty is subject to the following exclusions and exceptions:
a. Hot-wire or hot-film sensors used with research anemometers, and certain other components when indicated in
specifications, are warranted for 90 days from the date of shipment;
b. Pumps are warranted for one year or 3000 hours; whichever comes first;
c. Parts repaired or replaced as a result of repair services are warranted to be free from defects in workmanship and
material, under normal use, for 90 days from the date of shipment;
d. Seller does not provide any warranty on finished goods manufactured by others or on any fuses, batteries or other
consumable materials. Only the original manufacturer's warranty applies;
e. This warranty does not cover calibration requirements, and seller warrants only that the instrument or product is
properly calibrated at the time of its manufacture. Instruments returned for calibration are not covered by this
warranty;
f. This warranty is VOID if the instrument is opened by anyone other than a factory authorized service center with the
one exception where requirements set forth in the manual allow an operator to replace consumables or perform
recommended cleaning;
g. This warranty is VOID if the product has been misused, neglected, subjected to accidental or intentional damage, or
is not properly installed, maintained, or cleaned according to the requirements of the manual. Unless specifically
authorized in a separate writing by Seller, Seller makes no warranty with respect to, and shall have no liability in
connection with, goods which are incorporated into other products or equipment, or which are modified by any person
other than Seller.
The foregoing is IN LIEU OF all other warranties and is subject to the LIMITATIONS stated herein. NO OTHER
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY IS
MADE. WITH RESPECT TO SELLER’S BREACH OF THE IMPLIED WARRANTY AGAINST INFRINGEMENT, SAID
WARRANTY IS LIMITED TO CLAIMS OF DIRECT INFRINGEMENT AND EXCLUDES CLAIMS OF CONTRIBUTORY
OR INDUCED INFRINGEMENTS. BUYER’S EXCLUSIVE REMEDY SHALL BE THE RETURN OF THE PURCHASE
PRICE DISCOUNTED FOR REASONABLE WEAR AND TEAR OR AT SELLER’S OPTION REPLACEMENT OF THE
GOODS WITH NON-INFRINGING GOODS.
TO THE EXTENT PERMITTED BY LAW, THE EXCLUSIVE REMEDY OF THE USER OR BUYER, AND THE LIMIT OF
SELLER'S LIABILITY FOR ANY AND ALL LOSSES, INJURIES, OR DAMAGES CONCERNING THE GOODS
(INCLUDING CLAIMS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) SHALL
BE THE RETURN OF GOODS TO SELLER AND THE REFUND OF THE PURCHASE PRICE, OR, AT THE OPTION
OF SELLER, THE REPAIR OR REPLACEMENT OF THE GOODS. IN THE CASE OF SOFTWARE, SELLER WILL
REPAIR OR REPLACE DEFECTIVE SOFTWARE OR IF UNABLE TO DO SO, WILL REFUND THE PURCHASE
PRICE OF THE SOFTWARE. IN NO EVENT SHALL SELLER BE LIABLE FOR LOST PROFITS, BUSINESS
INTERRUPTION, OR ANY SPECIAL, DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. SELLER SHALL
NOT BE RESPONSIBLE FOR INSTALLATION, DISMANTLING OR REINSTALLATION COSTS OR CHARGES. No
Action, regardless of form, may be brought against Seller more than 12 months after a cause of action has accrued. The
goods returned under warranty to Seller's factory shall be at Buyer's risk of loss, and will be returned, if at all, at Seller's
risk of loss.
Buyer and all users are deemed to have accepted this LIMITATION OF WARRANTY AND LIABILITY, which contains the
complete and exclusive limited warranty of Seller. This LIMITATION OF WARRANTY AND LIABILITY may not be
amended, modified or its terms waived, except by writing signed by an Officer of Seller.
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