USER MANUAL
URM18PH392 Rev A. May 2020 Page 85 of 86
APPENDIX D. LIMITED WARRANTY AND LIMITATION OF LIABILITY
Polhemus warrants that the Product shall be free from defects in material and workmanship for a period of two
years from the date of Polhemus’ delivery to the Buyer, or two years and 30 days from the date Polhemus
shipped Product to an authorized reseller, whichever occurs first, with the exception of all Sensors which have a
warranty period of one year against material defects. Polhemus shall, upon notification within the warranty
period, correct such defects by repair or replacement with a like serviceable item at Polhemus' option. This
warranty shall be considered void if the Product is operated other than in accordance with the instructions in
Polhemus' User Manual or is damaged by accident or mishandling. Parts or material which are disposable or
expendable or subject to normal wear beyond usefulness within the warranty period such as lamps, fuses, etc.,
are not covered by this warranty.
In the event any Product or portion thereof is defective, Buyer shall promptly, and within the warranty period,
notify Polhemus in writing of the nature of the defect and return the defective parts to Polhemus at the direction
of Polhemus’ Customer Service representative. Upon determination by Polhemus that the parts or Products are
defective and covered by the warranty set forth above, Polhemus, at its option shall repair or replace the same
without cost to Buyer. Buyer shall be responsible for any import/export duties/tariffs and pay all charges for
transportation and delivery costs to Polhemus' factory for defective parts where directed to be sent to Polhemus,
and Polhemus shall pay for transportation costs to Buyer's facility only for warranty replacement parts and
Products. Removed parts covered by claims under this warranty shall become the property of Polhemus.
In the event that allegedly defective parts are found not to be defective, or not covered by warranty, Buyer
agrees that Polhemus may invoice Buyer for all reasonable expenses incurred in inspecting, testing, repairing and
returning the Products and that Buyer will pay such costs on being invoiced therefor. Buyer shall bear the risk of
loss or damage during transit in all cases.
Any repaired or replaced part or Product shall be warranted for the remaining period of the original warranty or
thirty (30) days, whichever is longer.
Warranties shall not apply to any Products which have been:
repaired or altered other than by Polhemus, except when so authorized in writing by Polhemus; or
used in an unauthorized or improper manner, or without following normal operating procedures; or
improperly maintained and where such activities, in Polhemus' sole judgment, have adversely affected the
Products. Neither shall warranties apply in the case of damage through accidents or acts of nature such as
flood, earthquake, lightning, tornado, typhoon, power surge(s) or failure(s), environmental extremes or
other external causes. Warranties shall not apply to any Products if the Products are defective because of
normal wear and tear; or
used for any purpose without obtaining any applicable regulatory approvals.
POLHEMUS DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS THE WARRANTY OF MERCHANTABILITY OF THE
PRODUCTS OR THE WARRANTY OF FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE. POLHEMUS
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT OF TITLE AND AGAINST PATENT INFRINGEMENT, OTHER
THAN THOSE SPECIFICALLY SET FORTH HEREIN.
IN NO EVENT SHALL POLHEMUS BE LIABLE UNDER ANY CIRCUMSTANCES FOR SPECIAL INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE. WITHOUT
LIMITING THE FOREGOING POLHEMUS'S MAXIMUM LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER,
EXCLUSIVE OF CLAIMS FOR PATENT INFRINGEMENT AND REGARDLESS OF THE FORM OF THE ACTION
(INCLUDING BUT NOT LIMITED TO CONTRACT NEGLIGENCE OR STRICT LIABILITY) SHALL BE LIMITED TO BUYER'S
ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED.
To Next Page
Loading...