Appendix E – Warranty
Manual Part Number:
5-06-7000-65-0
Manual File:
MN-A-0117 Rev. D
Revision Date: August 24, 2006 Page 4-11
4.3 APPENDIX E – Warranty
NEUTRONICS warrants, subject to the terms listed below, that the goods will be free from defects in
design, materials, and workmanship for a period of (1) one year from the date that the goods are
shipped to the buyer.
THE SOLE LIABILITY OF NEUTRONICS FOR ALL PURPOSES SHALL BE TO REPAIR OR REPLACE,
AT THE SOLE OPTION OF NEUTRONICS, DEFECTS APPEARING WITHIN THE (1) ONE YEAR
PERIOD. NEUTRONICS SHALL HAVE NO OBLIGATION FOR REPAIR OR REPLACEMENT UNLESS
NEUTRONICS HAS RECEIVED WRITTEN NOTICE OF THE ALLEGED DEFECT WITHIN THE (1)
ONE YEAR PERIOD AND THE DEFECTIVE GOODS ARE PROMPTLY RETURNED BY THE BUYER,
AT THEIR EXPENSE, TO NEUTRONICS AT: 456 CREAMERY WAY EXTON, PA 19341 USA, AND
THE DEFECT OCCURS UNDER THE CIRCUMSTANCES OF PROPER USE IN ACCORDANCE WITH
ALL INSTRUCTIONS AND MANUALS PROVIDED TO THE BUYER. NEUTRONICS WILL DELIVER
THE REPAIRED OR NEW GOODS TO THE BUYER AT NEUTRONICS EXPENSE. IN NO EVENT
WILL NEUTRONICS BE LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY
ARISING FROM THE DEFECTS OR FROM THE USE OF THE GOODS OR FROM CONSEQUENTIAL
OR INCIDENTAL DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR
PERSONAL INJURY OR PROPERTY DAMAGE OR ANY FINANCIAL LOSS.
Buyer shall be responsible for insuring that the goods are functioning properly at all times and
shall not use any goods which are not functioning properly. Buyer, therefore, agrees to indemnify
NEUTRONICS from and against all losses and claims to or by any person or property caused in any
manner by the goods or the use of the goods, including any expenses and attorney’s fees in
connection with all claims, demands, proceedings, or other expenses.
Any description of the goods contained in any documents to which these warranty provisions
relate, including any quotations or purchase orders relating to the goods being delivered to the
buyer, are for the sole purpose of identifying the goods, and any such description, as well as any
sample or model which may have been displayed to or seen by the buyer at any time, have not
been made part of the basis of the bargain and have not created or amounted to any express
warranty that the goods would conform to any such description or any such sample or model.
NEUTRONICS DOES NOT WARRANT THAT THE GOODS ARE FREE OF THE RIGHTFUL CLAIM OF
ANY THIRD PERSON BY THE WAY OF INFRINGEMENT OF PATENT OR OTHER PROPRIETARY
INFORMATION AND DISCLAIMS ANY WARRANTY AGAINST SUCH INFRINGEMENT.
It shall be the responsibility of the buyer to read carefully and abide by all instructions provided to
the buyer in the instruction manual or elsewhere. If the buyer, or the employees of the buyer, did
not abide by such instructions, then the alleged defect shall not be deemed to have arisen under
circumstances of proper use.
The terms of these warranty provisions shall apply to all products sold by Neutronics, except filters
which are considered “consumable items,” and as such are not covered by the terms of these
warranties. No waiver, alteration or modification of the terms of these provisions shall be valid
unless in writing and signed by an executive officer of NEUTRONICS.
EXCEPT AS SPECIFICALLY SET FORTH AND LIMITED IN THIS PARAGRAPH, NEUTRONICS,
INC. MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES AS TO
MERCHANTABILITY, OR AS TO THE FITNESS OF THE GOODS FOR ANY PARTICULAR USE OR
PURPOSE, AND ANY WARRANTIES SET FORTH IN THIS PARAGRAPH ARE IN LIEU OF SUCH
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR USE OR
PURPOSE.