Warranty - Tempest Tornado Marine G4 User Manual

Warranty

INSPECTION/WARRANTY/RETURNS.
A. Customer, at its sole expense, shall inspect all Goods promptly upon receipt and accept all Goods that conform to the
specifications or catalog. All claims for any alleged defect in or failure of the Goods or Seller's performance to conform to the
Contract, capable of discovery upon reasonable inspection, must be set forth in a written rejection notice detailing the alleged
non-conformity, and be received by Seller within thirty (30) calendar days of Customer's receipt of the Goods. Failure by
Customer to notify Seller of the alleged non-conformity within thirty (30) days will be conclusive proof that the Goods have
been received by Customer without defects or damage, and in the quantities specified on the bill of lading and shall constitute
an irrevocable acceptance of the Goods and a waiver of any such claim in connection with the Goods.
B. Seller warrants to Customer only that the Goods will be free from defects in material and workmanship at the time of
delivery and, subject to the exceptions and conditions set forth below, for the following period (the "Warranty Period"):
twelve (12) months from the date of shipment by Seller. Seller may provide additional years of warranty coverage beyond 12
months, at the rate of 2.5% of the net sale price per year, up to a total of four additional years' coverage beyond the standard
12 month warranty period. Seller will remedy a defect as set forth in paragraph 7 D, below, (the "Warranty"). The Warranty is
subject to each of the following exceptions and conditions:
1. Customer must promptly (and in all events within the Warranty Period) notify Seller of any alleged defect in a written notice
(the "Notice") which shall set forth the quantity, catalog number, finish, original purchase order number, Seller's invoice
number on which Goods were originally billed and a statement of the alleged defect, along with digital photographs showing
such defects where feasible.
2. The Warranty shall not apply: (i) to any claimed defect that was capable of discovery upon reasonable inspection and
deemed to be waived under paragraph A, above; (ii) to any Goods that have been subject to misuse, abnormal service or
handling, or altered or modified in design or construction; (iii) to any Goods repaired or serviced by any person other than
Seller's authorized service personnel or to Goods installed other than according to installation instructions, or (iv) with respect
to normal wear and tear.
3. Seller makes no Warranty with respect to parts or components that are not the product of Seller, and specifically makes no
warranty whatsoever for equipment housed inside enclosure products manufactured by Seller.
4. The Warranty is Seller's exclusive warranty with respect to the Goods. Seller makes no warranties, guarantees or
representations, express or implied, to Customer except as set forth in this section. ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR USE OR FOR
A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED AND DISCLAIMED.
C. Seller will accept the return of Goods properly rejected under paragraph A, above, or as to which Notice of an alleged
breach of Warranty has been timely given and such Goods may be returned to Seller, freight prepaid, but only upon
Customer's receipt of Seller's written return material authorization ("RMA") and shipping instructions. The RMA shall be void if
the Goods are not received within 45 days after issuance of the RMA. No deduction or credit in respect of any rejected or
returned Goods shall be taken until Customer has received Seller's further written deduction or credit/authorization following
Seller's inspection to confirm nonconformity or defect. Seller will charge to Customer any and all costs incurred by Seller in
connection with the handling, shipping, inspection and disposition of any returned Goods that are determined by Seller not to
have been nonconforming upon Delivery or as to which the warranty hereunder is not applicable.
D. UPON ANY PROPER RETURN PURSUANT TO PARAGRAPH C, ABOVE, WHETHER IN CONNECTION WITH A REJECTION OF
GOODS OR AN ALLEGED BREACH OF WARRANTY AND BASED UPON THE CONDITIONS SET FORTH IN THIS PARAGRAPH 7,
SELLER AGREES THAT IT WILL, AS THE SOLE AND EXCLUSIVE REMEDY UNDER THE CONTRACT OR OTHERWISE, FOR ANY
NONCONFORMITY OR BREACH OF WARRANTY, AND AT SELLER'S SOLE ELECTION: (i) REPAIR SUCH GOODS; OR (ii) REPLACE
SUCH GOODS.
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