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SECTION 10: PRODUCT WARRANTY
WARRANTY, REMEDIES AND LIMITATIONS: Dyne Systems, Inc. warrants the following equipment will conform to published
specications and be free from faulty material or workmanship for the listed time period from date of shipment or onsite repair:
New Controls 12 Months
Service Calls 3 Months
Repaired Controls 3 Months
This warranty covers properly installed equipment used within specied limits and ambient conditions and is limited to repair or
replacement of equipment proving defective at Dyne Systems. For warranty to be valid, Buyer must conform to Dyne Systems’
factory specications. If applicable, terms of Warranty Validation and Delivery Certication must be met for warranty to be
valid. This warranty does not apply to experimental, developmental or non-standards Goods and Products which are sold “as is”,
“where is”. Dyne Systems shall not be liable for labor costs associated with removing, reinstalling or delivering any equipment.
Transportation costs associated with delivering products to Dyne Systems under the warranty are the responsibility of the Buyer.
Transportation costs associated with returning products to the Buyer under the warranty are the responsibility of Dyne Systems.
If warranty service is deemed necessary and product (i.e. controls, small dynamometer, etc) can be shipped to Dyne Systems
then it is expected that product be sent to Dyne Systems; however, if Buyer wants warranty work to be performed onsite and Dyne
Systems deems it feasible then Buyer will be responsible for travel hours and travel / transportation costs. Dyne Systems is not
liable for costs incurred such as loss of work time or production time or for loss of prots or other damages, including, but not
limited to consequential damage.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES OF BUYER FOR ANY BREACH OF
WARRANTY SHALL BE LIMITED TO THOSE PROVIDED HEREIN, AND FOR DELAY OR NON-DELIVERY WHICH IS NOT
EXCUSABLE, TO THE PURCHASE PRICE OF THE GOODS IN RESPECT OF WHICH THE DELAY OR NON-DELIVERY IS
CLAIMED, TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES. IN NO EVENT SHALL DYNE SYSTEMS BE LIABLE
FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE OR
PROFITS. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR THIS LIMITATION
WILL BE BINDING UPON DYNE SYSTEMS UNLESS IN WRITING SIGNED BY A DULY AUTHORIZED OFFICER OF DYNE
SYSTEMS. DYNE SYSTEMS’ LIABILITY FOR FAILURE TO COMPLY WITH ANY WARRANTY OR REPRESENTATION
HEREUNDER SHALL BE LIMITED TO THE VALUE OF THE GOODS SOLD HEREUNDER.
Excluding equipment made for integrated systems supplied or made by Dyne Systems, Dyne Systems makes no warranty on the
use of the equipment in combination with other products or in the practice of any process and if a claim, suit or action is based
thereon, Buyer shall defend, indemnify and save Dyne Systems harmless therefrom.
LIMITATION OF LIABILITY: Dyne Systems’ liability for defective or nonconforming products, whether based on breach of
warranty negligent manufacture or product liability, is exclusively limited to repair or replacement, at Dyne Systems’ election, of
such products. Dyne Systems assumes no risk and shall be subject to no liability for any damages or loss resulting from the
specic use or application made of the Products. Dyne Systems’ liability for any other claim, whether based on breach of contract,
negligence or product liability, relating to the products shall not exceed the price paid by Buyer for such Products. In no event
will Dyne Systems be liable for any special, incidental or consequential damages, including loss of use, loss of prot, claims of
third parties, or damages arising from bodily injury, or death, however caused, whether by the negligence of Dyne Systems or
otherwise.
EQUIPMENT MADE BY OTHERS: Any items supplied that are not manufactured by Dyne Systems are covered by the original
manufacturer’s warranty and not by a Dyne Systems warranty.
BUYER SUPPLIED PRODUCT: Dyne Systems accepts Buyer provided equipment as a courtesy only. Dyne Systems is not
responsible for determining suitability of Buyer’s equipment for a particular purpose. Repair or conguration of Buyer-supplied
equipment will be charged at Dyne Systems normal rate.
32 Dyne Systems • DS820F PAU
DPD-001-04B • © Copyright Dyne Systems, Inc.