User Instructions
Section 9
CMX Warranty and Limitation of Remedy and Liability ________
Warranty
Limitation of Liability
Chromalox warrants only that the Products and parts
manufactured by Chromalox, when shipped, and the work
performed by Chromalox when performed, will meet all
applicable specifi cation and other specifi c product and work
requirements (including those of performance), if any, and will
be free from defects in material and workmanship under normal
conditions of use. All claims for defective or nonconforming
(both hereinafter called defective.) Products, parts or work
under this warranty must be made in writing immediately upon
discovery, and in any event, within one (1) year from delivery,
provided, however all claims for defective Products and parts
must be made in writing no later than eighteen (18) months
after shipment by Chromalox. The temperature controller,
heater and pump/chamber casting warranty is extended to
three (3) years from date of shipment. Defective and
nonconforming items must be held for Chromalox’s inspections
and returned to the original f.o.b. point upon request. THE
FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES WHATSOEVER, EXPRESS, IMPLIED AND
STATUTORY, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding the provisions of this WARRANTY AND
LIMITATION Clause, it is specifi cally understood that Products
and parts not manufactured and work not performed by
Chromalox are warranted only to the extent and in the manner
that the same are warranted to Chromalox by Chromalox’s
vendors, and then only to the extent that Chromalox is
reasonably able to enforce such warranty, it being understood
Chromalox shall have no obligation to initiate litigation unless
Buyer undertakes to pay all cost and expenses therefore,
including but not limited to attorney’s fees, and indemnifi es
Chromalox against any liability to Chromalox’s vendors arising
out of such litigation.
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