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37 Doc. No. 06EN003367 Rev. E
ST50 Mass Flow Meter Fluid Components International LLC
Goods furnished by the Seller are to be within the limits and of the sizes published by the Seller and subject to the Seller’s
standard tolerances for variations. All items made by the Seller are inspected before shipment, and should any of said items
prove defective due to faults in manufacture or performance under Seller approved applications, or fail to meet the written
specifications accepted by the Seller, they will be replaced or repaired by Seller at no charge to Buyer provided return or
notice of rejection of such material is made within a reasonable period but in no event longer than one (1) year from date of
shipment to Buyer, and provided further, that an examination by Seller discloses to Seller’s reasonable satisfaction that the
defect is covered by this warranty and that the Buyer has not returned the equipment in a damaged condition due to Buyer’s
or Buyer’s employees’, agents’, or representatives’ negligence and Buyer has not tampered, modified, redesigned,
misapplied, abused, or misused the goods as to cause the goods to fail. In addition, this warranty shall not cover damage
caused by Buyer’s exposure of the goods to corrosive or abrasive environments. Moreover, Seller shall in no event be
responsible for (1) the cost or repair of any work done by Buyer on material furnished hereunder (unless specifically
authorized in writing in each instance by Seller), (2) the cost or repair of any modifications added by a Distributor or a third
party, (3) any consequential or incidental damages, losses, or expenses in connection with or by reason of the use of or
inability to use goods purchased for any purpose, and Seller’s liability shall be specifically limited to free replacement, or
refund of the purchase price, at Seller’s option, provided return or rejection of the goods is made consistent with this
paragraph, and the Seller shall in no event be liable for transportation, installation, adjustment, loss of good will or profits, or
other expenses which may arise in connection with such returned goods, or (4) the design of products or their suitability for
the purpose for which they are intended or used. Should the Buyer receive defective goods as defined by this paragraph, the
Buyer shall notify the Seller immediately, stating full particulars in support of his claim, and should the Seller agree to a
return of the goods, the Buyer shall follow Seller’s packaging and transportation directions explicitly. In no case are the
goods to be returned without first obtaining a return authorization from the Seller. Any repair or replacement shall be at
Seller’s factory, unless otherwise directed, and shall be returned to Seller transportation prepaid by Buyer. If the returned
goods shall prove defective under this clause they will be replaced or repaired by Seller at no charge to Buyer provided the
return or rejection of such material is made within a reasonable period, but in no event longer than (1) year from the date of
shipment of the returned goods or the unexpired terms of the original warranty period whichever is later. If the goods prove to
be defective under this paragraph, the Buyer shall remove the goods immediately from the process and prepare the goods for
shipment to Seller. Continued use or operation of defective goods is not warranted by Seller and damage occurring due to
continued use or operation shall be for Buyer’s account. Any description of the goods contained in this offer is for the sole
purpose of identifying them, and any such description is not part of the basis of the bargain, and does not constitute a
warranty that the goods will conform to that description. The use of any sample or model in connection with this offer is for
illustrative purposes only, is not part of the basis of the bargain, and is not to be construed as a warranty that the goods will
conform to the sample or model. No affirmation of that fact or promise made by the Seller, whether or not in this offer, will
constitute a warranty that the goods will conform to the affirmation or promise. THIS WARRANTY IS EXPRESSLY IN LIEU
OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE GOODS OR THEIR
INSTALLATION, USE, OPERATION, REPLACEMENT OR REPAIR, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS OF PURPOSE; AND THE GOODS ARE BEING PURCHASED BY BUYER “AS IS”.
SELLER WILL NOT BE LIABLE BY VIRTUE OF THIS WARRANTY OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OR LOSS OF USE OF THE GOODS.
Instrument Warranty
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