ATS Systems Ultimate Chuck Installation and Operations Manual
incurred by Buyer in connection with ATS equipment without ATS first having given to Buyer
written authorization for such charge.
10.3. ATS's warranties apply only in the event that ATS is given written notice by Buyer of a malfunction
or failure of the equipment to perform in a normal way within fifteen (15) days after Buyer discovers
a problem, and within the time limits of the applicable warranty. Any action for breach of warranty
or other action arising out of purchase of the equipment covered by this agreement must be
commenced within one (1) year after such cause of action arises.
10.4. ATS's warranties set forth below apply only with regard to malfunction, failures of the equipment to
perform in a normal way, or other problems which are caused by defective material or
workmanship in the manufacture of the equipment. The warranties do not apply to damage to the
equipment or problems which occur as the result of Buyer's failure to properly use or maintain the
equipment or to any other problems with the equipment caused by Buyer or parties other than
ATS.
10.5. Express Parts and Service Warranty: ATS's warranties depend on whether or not ATS installs the
equipment.
10.5.1. If ATS installs the equipment, then ATS warrants that for a period of one hundred four (104) weeks
[for Barfeeders only, one hundred and fifty-six (156) weeks] after shipment of the equipment ATS will
do one or both of the following.
10.5.1.1. Without charge, make a prompt investigation of the equipment. Customer testing, or return
of the equipment to ATS, may be required as part of this investigation. If ATS determines in its
sole judgment that claimed defects were caused by misuse, neglect, improper repair, alteration
or accident, ATS shall have no further responsibilities to Buyer.
10.5.1.2. If, after investigating the equipment, ATS finds in its sole judgment that the equipment
contains defective material or workmanship, and the same is the cause of the malfunction or
failure of the equipment to perform in the normal way, ATS will, at its expense, provide all labor
and repairs and/or supply the replacement parts necessary to correct the malfunction or
equipment failure. Buyer shall return defective parts replaced under the Parts and Service
Warranty to ATS. If Buyer fails to return defective parts to ATS then Buyer shall pay to ATS its
normal price for the replacement parts. The cost of travel, freight and/or other shipping charges
for any parts supplied or returned under the Parts and Service Warranty shall be borne by ATS
for a period of six months from date of shipment. After six months, the cost of travel and freight
is borne by the Buyer.
10.5.2. If ATS does not install the equipment, then ATS warrants that for a period of twenty-six (26) weeks
[for collet chucks only, fifty-two (52) weeks] after shipment of the equipment, ATS will do the
following.
10.5.2.1. Without charge, make a prompt investigation of the equipment. Customer testing or return
of the equipment to ATS may be required as part of this investigation. If ATS determines in its
sole judgment that claimed defects were caused by misuse, neglect, improper installation or
repair, alteration or accident, ATS shall have no further responsibilities to Buyer.
10.5.2.2. If, after investigating equipment, ATS finds in its sole judgment that the equipment contains
defective material or workmanship and that the same is the cause of the malfunction or failure
of the equipment to perform in the normal way, ATS will, at its expense, supply such
replacement parts as are necessary to correct the malfunction or equipment failure. Buyer will
be responsible for returning defective parts replaced under this parts and service warranty, and
Buyer's failure to comply will render Buyer liable for the cost of the replacement parts. The cost
of freight and/or other shipping charges for any parts supplied or returned under the parts
service warranty shall be borne by the Buyer. Buyer shall be responsible for and shall pay ATS
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