MSA
Permanent Instrument Warranty
1. Warranty- Seller warrants that this product
will be free from mechanical defect or faulty
workmanship for a period of eighteen (18)
months from date of shipment or one (1)
year from installation, whichever occurs
first, provided it is maintained and used in
accordance with Seller’s instructions and/or
recommendations. This warranty does not
apply to expendable or consumable parts
whose normal life expectancy is less than
one (1) year such as, but not limited to,
non-rechargeable batteries, filament units,
filter, lamps, fuse
s etc. The Seller shall be
released from all obligations under this
warranty in the event repairs or
modifications are made by persons other
than its own or authorized service
personnel or if the warranty claim results
from physical abuse or misuse of the
product. No agent, employee or
representative of the Seller has any
authority to bind the Seller to any
affirmation, representation or warranty
concerning the product. Seller makes no
warranty concerning components or
accessories not manufactured by the
Seller, but will pass on to the Purchaser all
warranties of manuf
acturers of such
components. THIS WARRANTY IS IN
LIEU OF ALL OTHER WARRANTIES,
EXPRESSED, IMPLIED OR STATUTORY,
AND IS STRICTLY LIMITED TO THE
TERMS HEREOF. SELLER
SPECIFICALLY DISCLAIMS ANY
WARRANTY OF MERCHANTABILITY OR
OF FITNESS FOR A PARTICULAR
PURPOSE.
2. Exclusive Remedy- It is expressly agreed
that Purchaser’s sole and exclusive remedy
for breach of the above warranty, for any
tortious conduct of Seller, or for any other
cause of action, shall be the repair and/or
replacement at Seller’s option, of any
equipment or part
s thereof, which after
examination by Seller is proven to be
defective. Replacement equipment and/or
parts will be provided at no cost to
Purchaser, F.O.B. Seller’s Plant. Failure of
Seller to successfully repair any
nonconforming product shall not cause the
remedy established hereby to fail of its
essential purpose.
3. Exclusion of Consequential Damage-
Purchaser specifically understands and
agrees that under no circumstances will
seller be liable to purchaser for economic,
special, incidental or consequential
damages or losses of any kind whatsoever,
including but not
limited to, loss of
anticipated profits and any other loss
caused by reason of nonoperation of the
goods. This exclusion is applicable to
claims for breach of warranty, tortious
conduct or any other cause of action
against seller.
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