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G U I D E TO I N S TA L L AT I O N A N D A S S I S TA N C E
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Warranty
ABB warrants that Equipment (excluding Software) shall be
delivered free of defects in material and workmanship. The
Warranty Remedy Period for Equipment (excluding Software)
shall end ten (10) years after the original date of purchase. If a
nonconformity to the foregoing warranty is discovered in the
Equipment during the applicable Warranty Remedy Period, as
specified above, under normal and proper use and provided
the Equipment has been properly stored, installed, operated
and maintained and written notice of such nonconformity is
provided to ABB promptly after such discovery and within the
applicable Warranty Remedy Period, ABB shall, at its option,
either (i) repair or replace the nonconforming portion of the
Equipment or (ii) refund the portion of the price applicable to
the nonconforming portion of Equipment. If any portion of the
Equipment so repaired or replaced fails to conform to the
foregoing warranty, and written notice of such nonconformity
is provided to ABB promptly after discovery and within the
original Warranty Remedy Period applicable to such
Equipment or 30 days from completion of such repair,
replacement or re-performance, whichever is later, ABB will
repair or replace such nonconforming Equipment. The original
Warranty Remedy Period shall not otherwise be extended.
ABB shall not be responsible for providing temporary power,
removal, installation, reimbursement for labor costs or
working access to the nonconforming Equipment, including
disassembly and re assembly of non-ABB supplied equipment,
or for providing transportation to or from any repair facility, or
for any other expenses incurred in connection with the repair
or replacement, all of which shall be at Purchaser's risk and
expense. ABB shall have no obligation hereunder with respect
to any Equipment which (i) has been improperly repaired or
altered; (ii) has been subjected to misuse, negligence or
accident; (iii) has been used in a manner contrary to ABB's
instructions; (iv) is comprised of materials provided by or a
design specified by Purchaser; or (v) has failed as a result of
ordinary wear and tear. Equipment supplied by ABB but
manufactured by others is warranted only to the extent of
the manufacturer's warranty, and only the remedies, if any,
provided by the manufacturer will be allowed. Software
Warranty and Remedies. ABB warrants that, except as
specified below, the Software will, when properly installed,
execute in accordance with ABB's published specification. If a
nonconformity to the foregoing warranty is discovered during
the period ending one (1) year after the date of shipment and
written notice of such nonconformity is provided to ABB
promptly after such discovery and within that period,
including a description of the nonconformity and complete
information about the manner of its discovery, ABB shall
correct the nonconformity by, at its option, either (i)
modifying or making available to the Purchaser instructions
for modifying the Software; or (ii) making available at ABB's
facility necessary corrected or replacement programs. ABB
shall have no obligation with respect to any nonconformities
resulting from (i) unauthorized modification of the Software
or (ii) Purchaser-supplied software or interfacing. ABB does
not warrant that the functions contained in the software will
operate in combinations which may be selected for use by the
Purchaser, or that the software products are free from errors
in the nature of what is commonly categorized by the
computer industry as "bugs."
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU
OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE,
WHETHER WRITTEN, ORAL OR IMPLIED, AND ALL OTHER
WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE
REMEDIES STATED HEREIN CONSTITUTE PURCHASER'S
EXCLUSIVE REMEDIES AND ABB'S ENTIRE LIABILITY FOR
ANY BREACH OF WARRANTY.
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