3
US
SM5000 Sampling Module - DC Pump Model
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 recom-
mendations. This warranty does not apply to expendable or consumable parts whose normal life expec-
tancy is less than one (1) year such as, but not limited to, non-rechargeable batteries, sensor elements,
filter, lamps, fuses 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 repre-
sentative of the Seller has any authority to bind the Seller to any affirmation, representation or warranty
concerning the goods sold under this contract. Seller makes no warranty concerning components or
accessories not manufactured by the Seller, but will pass onto the Purchaser all warranties of manufac-
turers 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 particu-
lar 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 parts 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 dam-
ages or losses of any kind whatsoever, including but not limited to, loss of anticipated profits and any
other loss caused by reason of non-operation 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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