Siemens Moore 353 User Manual page 303

UM353-1
(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 one (1) year from initial operation of the goods but not more
than eighteen (18) months from Seller's shipment of the goods, 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: This article 1 does not apply to any software which may be furnished by Seller. In such cases,
the attached Software License Addendum applies.
Warranty repair or replacement requires the equipment to be returned to one of the following addresses.
Siemens Energy & Automation, Inc.
1201 Sumneytown Pike
P.O. Box 900
Spring House, PA 19477-0900 USA
Tel: +1 215 646 7400
Fax: +1 215 283-6340
Warranty will be null and void if repair is attempted without authorization by a member of the Service Department
or Product Support Group, Process Industries Division, Siemens Energy & Automation, Inc.
March 2003
WARRANTY
Warranty
W-1