Msa Permanent Instrument Warranty; Warranty; Exclusive Remedy; Exclusion Of Consequential Damage - MSA Chillgard 5000 Operating Manual

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MSA Permanent Instrument Warranty

1.1

Warranty

MSA, the Safety Company warrants that this product will be free from mechanical defect or faulty
workmanship for a period of two (2) years from the date of delivery, provided it is maintained and used
in accordance with MSA's instructions and/or recommendations.
This warranty does not apply to expendable or consumable parts whose normal life expectancy is less
than one (1) year, such as, but not limited to, nonrechargeable batteries, filament units, filter, lamps,
fuses, etc. MSA shall be released from all obligations under this warranty in the event that repairs or
modifications are made by persons other than its own or authorized service personnel or if the
warranty claim results from physical abuse or misuse of the product. No agent, employee, or repre-
sentative of MSA has any authority to bind MSA to any affirmation, representation, or warranty
concerning the goods sold under this contract. MSA makes no warranty concerning components or
accessories not manufactured by MSA, but will pass on to the Purchaser all warranties of manufac-
turers of such components.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, OR STAT-
UTORY, AND IS STRICTLY LIMITED TO THE TERMS HEREOF. SELLER SPECIFICALLY
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
PURPOSE.
1.2

Exclusive Remedy

It is expressly agreed that the Purchaser's sole and exclusive remedy for breach of the above
warranty, for any tortious conduct of the Seller, or for any other cause of action, shall be the repair and/
or replacement at the Seller's option of any equipment or parts thereof, which after examination by the
Seller is proven to be defective. Replacement equipment and/or parts will be provided at no cost to
the Purchaser, F.O.B. Seller's Plant. Failure of the Seller to successfully repair any nonconforming
product shall not cause the remedy established hereby to fail of its essential purpose.
1.3

Exclusion of Consequential Damage

The Purchaser specifically understands and agrees that under no circumstances will the Seller be
liable to the Purchaser for economic, special, incidental, or consequential damages or losses of any
kind whatsoever, including but not limited to, loss of anticipated profits and any other loss caused by
reason of nonoperation of the goods. This exclusion is applicable to claims for breach of warranty,
tortious conduct, or any other cause of action against the Seller.
1.4

Liability Information

MSA accepts no liability in cases where the device has been used inappropriately or not as intended.
The selection and use of the device are the exclusive responsibility of the individual operator. Product
liability claims, warranties, and guarantees made by MSA with respect to the device are voided if the
device is not operated, serviced, and/or maintained in accordance with the instructions in this manual.
The warranties made by Mine Safety Appliances Company with respect to the product are voided if
the product is not used and serviced in accordance with the instructions in this manual. Please protect
yourself and others by following them. We encourage our customers to write or call regarding this
equipment prior to use or for any additional information relative to use or repairs.
MSA Permanent Instrument Warranty
Chillgard 5000
US
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