UMSITRPDS3-1 Warranty
November 2005 W-1
WARRANTY
(a) Seller warrants that on the date of shipment the goods are of the kind and quality described herein and
are free of non-conformities in workmanship and material. This warranty does not apply to goods
delivered by Seller but manufactured by others.
(b) Buyer's exclusive remedy for a nonconformity in any item of the goods shall be the repair or the
replacement (at Seller's option) of the item and any affected part of the goods. Seller’s obligation to
repair or replace shall be in effect for a period of three (3) years from initial operation of the goods
decreasing linearly from 100% at three (3) years to 0% at five (5) years of powered operation, based on
the Operating Hours Register, provided Buyer has sent written notice within that period of time to Seller
that the goods do not conform to the above warranty. Repaired and replacement parts shall be warranted
for the remainder of the original period of notification set forth above, but in no event less than 12 months
from repair or replacement. At its expense, Buyer shall remove and ship to Seller any such
nonconforming items and shall reinstall the repaired or replaced parts. Buyer shall grant Seller access to
the goods at all reasonable times in order for Seller to determine any nonconformity in the goods. Seller
shall have the right of disposal of items replaced by it. If Seller is unable or unwilling to repair or replace,
or if repair or replacement does not remedy the nonconformity, Seller and Buyer shall negotiate an
equitable adjustment in the contract price, which may include a full refund of the contract price for the
nonconforming goods.
(c) SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EXCEPT
THAT OF TITLE. SPECIFICALLY, IT DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND
USAGE OF TRADE.
(d) Buyer and successors of Buyer are limited to the remedies specified in this article and shall have no
others for a nonconformity in the goods. Buyer agrees that these remedies provide Buyer and its
successors with a minimum adequate remedy and are their exclusive remedies, whether Buyer's or its
successors’ remedies are based on contract, warranty, tort (including negligence), strict liability,
indemnity, or any other legal theory, and whether arising out of warranties, representations, instructions,
installations, or non-conformities from any cause.
(e) Note: The above does not apply to any software which may be furnished by Seller. In such cases, the
attached Software License Addendum applies.
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