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Warranty
©TSI Incorporated / 2017 / All rights reserved.
TSI Incorporated / 500 Cardigan Road / Shoreview, MN 55126 / USA
Limitation of Warranty
and Liability
(effective April 2014)
Seller warrants the goods, excluding software, sold hereunder, under normal use and service
as described in the operator's manual, to be free from defects in workmanship and material for
12 months, or if less, the length of time specified in the operator's manual, from the date of
shipment to the customer. This warranty period is inclusive of any statutory warranty. This
limited warranty is subject to the following exclusions and exceptions:
a. Hot-wire or hot-film sensors used with research anemometers, and certain other components
when indicated in specifications, are warranted for 90 days from the date of shipment;
b. Pumps are warranted for hours of operation as set forth in product or operator’s manuals;
c. Parts repaired or replaced as a result of repair services are warranted to be free from defects in
workmanship and material, under normal use, for 90 days from the date of shipment;
d. Seller does not provide any warranty on finished goods manufactured by others or on any fuses,
batteries or other consumable materials. Only the original manufacturer's warranty applies;
e. This warranty does not cover calibration requirements, and seller warrants only that the
instrument or product is properly calibrated at the time of its manufacture. Instruments returned
for calibration are not covered by this warranty;
f. This warranty is VOID if the instrument is opened by anyone other than a factory authorized
service center with the one exception where requirements set forth in the manual allow an
operator to replace consumables or perform recommended cleaning;
g. This warranty is VOID if the product has been misused, neglected, subjected to accidental or
intentional damage, or is not properly installed, maintained, or cleaned according to the
requirements of the manual. Unless specifically authorized in a separate writing by Seller,
Seller makes no warranty with respect to, and shall have no liability in connection with, goods
which are incorporated into other products or equipment, or which are modified by any person
other than Seller.
The foregoing is IN LIEU OF all other warranties and is subject to the LIMITATIONS stated
herein. NO OTHER EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE OR MERCHANTABILITY IS MADE. WITH RESPECT TO SELLER’S BREACH OF
THE IMPLIED WARRANTY AGAINST INFRINGEMENT, SAID WARRANTY IS LIMITED TO
CLAIMS OF DIRECT INFRINGEMENT AND EXCLUDES CLAIMS OF CONTRIBUTORY OR
INDUCED INFRINGEMENTS. BUYER’S EXCLUSIVE REMEDY SHALL BE THE RETURN OF
THE PURCHASE PRICE DISCOUNTED FOR REASONABLE WEAR AND TEAR OR AT
SELLER’S OPTION REPLACEMENT OF THE GOODS WITH NON-INFRINGING GOODS.
TO THE EXTENT PERMITTED BY LAW, THE EXCLUSIVE REMEDY OF THE USER OR
BUYER, AND THE LIMIT OF SELLER'S LIABILITY FOR ANY AND ALL LOSSES, INJURIES,
OR DAMAGES CONCERNING THE GOODS (INCLUDING CLAIMS BASED ON CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) SHALL BE THE RETURN OF
GOODS TO SELLER AND THE REFUND OF THE PURCHASE PRICE, OR, AT THE
OPTION OF SELLER, THE REPAIR OR REPLACEMENT OF THE GOODS. IN THE CASE
OF SOFTWARE, SELLER WILL REPAIR OR REPLACE DEFECTIVE SOFTWARE OR IF
UNABLE TO DO SO, WILL REFUND THE PURCHASE PRICE OF THE SOFTWARE. IN NO
EVENT SHALL SELLER BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION, OR
ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. SELLER
SHALL NOT BE RESPONSIBLE FOR INSTALLATION, DISMANTLING OR
REINSTALLATION COSTS OR CHARGES. No Action, regardless of form, may be brought
against Seller more than 12 months after a cause of action has accrued. The goods returned
under warranty to Seller's factory shall be at Buyer's risk of loss, and will be returned, if at all,
at Seller's risk of loss.
Buyer and all users are deemed to have accepted this LIMITATION OF WARRANTY AND
LIABILITY, which contains the complete and exclusive limited warranty of Seller. This
LIMITATION OF WARRANTY AND LIABILITY may not be amended, modified or its terms
waived, except by writing signed by an Officer of Seller.
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