Warranty — Section 6
TriMark warrants that the products manufactured and sold shall be in
accordance with specifications and free from defects in materials and
workmanship for a period up to 18 (eighteen) months following the date
of delivery to TriMark’s customer or 12 (twelve) months from the
original O.E.M. sale (in-service) date. Where TriMark does not have
design control with regard to customer supplied products, materials or
specifications, the warranty is limited to non-conforming product.
This warranty is expressly limited to persons who purchase TriMark’s
products for the purpose of resale or use in the ordinary course of the
buyer’s business. This warranty does not cover any product that if
TriMark Corporation determines (in its sole discretion) that a product's
failure or malfunction is due to one or more of the following conditions,
such failure or malfunction is EXCLUDED from the warranty provided
hereunder: (1) used in a manner that exceeds published engineering
specifications; (2) has been abused, misused, disassembled/opened,
altered/modified, or improperly installed; (3) is used in an application
not previously approved by TriMark; (4) is used in a manner
inconsistent with any instructions and good industry practices
regarding its use; (5) wear or deterioration due to environmental
conditions; (6) unusual mechanical, physical or electrical stress or (7)
is destroyed/damaged by fire, lightning or an act of God. In addition to
the above, TriMark will not warrant any electrical/electronic products
with (8) burned or broken traces on the printed circuit board; (9) burned
or damaged components; (10) dirt or water residue on the printed
circuit board or inside the case; (11) motor failure due to thermal
failure; (12) or dead batteries.
This warranty is exclusive, and TriMark makes no other warranty of
any kind whatsoever, expressed or implied, with respect to the
products manufactured and sold by it, whether as to merchantability,
fitness for a particular purpose or any other matter. Without prior
written authorization from the Board of Directors, no agent, employee
or representative of TriMark has any authority to bind TriMark to any
affirmation, representation or warranty concerning TriMark products or
parts, except as stated herein.
If any product supplied by TriMark is found to be defective by TriMark
in its sole discretion, TriMark reserves the right to replace, rework,
repair, or give credit for defective product. Upon confirmation of the
defective condition of the subject part either with return of subject part
and/or proper documentation, TriMark will replace such defective
product exclusive of any labor, shipping, transportation or delivery cost
associated with the replacement. TriMark will not be responsible for the
cost of removal of a defective product. This remedy shall be the
exclusive remedy available for any defects in the products
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