REC 3838 1-6
1.3 WARRANTY
Thermo Electron
WARRANTY
The seller agrees, represents, and warrants that the equipment delivered hereunder shall be free
from defects in material and workmanship. Such warranty shall not apply to accessories, parts,
or material purchased by the seller unless they are manufactured pursuant to seller's design, but
shall apply to the workmanship incorporated in the installation of such items in the complete
equipment. To the extent purchased parts or accessories are covered by the manufacturer's
warranty, seller shall extend such warranty to buyer.
Seller's obligation under said warranty is conditioned upon the return of the defective equipment,
transportation charges prepaid, to the seller's factory in Minneapolis, Minnesota, and the
submission of reasonable proof to seller prior to return of the equipment that the defect is due to
a matter embraced within seller's warranty hereunder. Any such defect in material and
workmanship shall be presented to seller as soon as such alleged errors or defects are discovered
by purchaser and seller is given opportunity to investigate and correct alleged errors or defects and
in all cases, buyer must have notified seller thereof within one (1) year after delivery, or one (1)
year after installation if the installation was accomplished by the seller.
Said warranty shall not apply if the equipment shall not have been operated and maintained in
accordance with seller's written instructions applicable to such equipment, or if such equipment
shall have been repaired or altered or modified without seller's approval; provided, however, that
the foregoing limitation of warranty insofar as it relates to repairs, alterations, or modifications, shall
not be applicable to routine preventive and corrective maintenance which normally occur in the
operation of the equipment.
"EXCEPT FOR THOSE WARRANTIES SPECIFICALLY CONTAINED HEREIN, SELLER
DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE EQUIPMENT DELIVERED
HEREUNDER, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR USE. THE SOLE LIABILITY OF SELLER ARISING OUT OF THE WARRANTY
CONTAINED HEREIN SHALL BE EXCLUSIVELY LIMITED TO BREACH OF THOSE
WARRANTIES. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE WARRANTIES
SET OUT ABOVE SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF ANY
DEFECTIVE ACCESSORY, PART OR MATERIAL WITH A SIMILAR ITEM FREE FROM DEFECT,
AND THE CORRECTION OF ANY DEFECT IN WORKMANSHIP. IN NO EVENT SHALL SELLER
BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES."
FIELD SERVICE
Purchaser agrees to underwrite the cost of any labor required for replacement; including time,
travel, and living expenses of Thermo Field Service Engineer at closest factory base.
Thermo Electron
501 90th Avenue N.W.
Minneapolis, MN 55433
Phone: (612) 783-2500
Fax: (612) 783-2525
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